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(영문) 대구지방법원 2021.01.29 2020가단100564

약정금

Text

The defendant's KRW 82,01,475 to the plaintiff is 5% per annum from December 26, 2019 to January 29, 2021.

Reasons

1. Basic facts

A. Before around 2003, the Plaintiff borrowed from the Defendant the sc and five lots of land owned by the Defendant, the Plaintiff was suffering significant damage to the scam trees cultivated due to the typhoon scam in 2003.

B. On December 26, 2014, the Plaintiff and the Defendant entered into a lease agreement with the lessor, the lessee, the Plaintiff, the annual rent of KRW 2,00,000, and the rental period of KRW 2,654,00, on December 26, 2014 with respect to the total amount of KRW 6,654,00,00, which was planted on the said land (hereinafter “the instant lease agreement”) in a around 209, with respect to the Plaintiff and the Plaintiff, the lessee, the Plaintiff, the annual rent of KRW 2,00,00,000, and the period of lease from December 26, 2014 to December 25, 2019.

In addition to the conclusion of the instant lease agreement, the Plaintiff and the Defendant entered into an agreement with the lessee, stating that “The sale is possible within the lease period and the harvest of the relevant year shall be owned by the lessee at the time of sale: Provided, That at the time of sale of land, compensation for excess trees shall be compensated by 80% of the appraised at the time when the land is disposed of through consultation (hereinafter referred to as the “instant agreement”).

On April 6, 2015, the Defendant sold 1,121 square meters and E 684 square meters to F among the land indicated in the port of port.

E. The Mayang-si, G, and H land (total area of 4,251 square meters) are planted with 485 gyeast trees and 27 gyeast trees, which are 14 years old, and 8 years old. As regards the land of 598 square meters I paddy-si, it is planted with 75 gyle trees and 18 gyle trees, which are 6 years old and 3 years old and 605 gyle trees (hereinafter “the instant land”). The Plaintiff installed a warehouse and water tank at the entrance of the instant land for the purpose of death and farming.

G. On October 31, 2019, the Defendant sent to the Plaintiff a text message that the instant lease agreement would expire at the same time, and the Plaintiff leased to the Defendant.