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(영문) 수원지방법원성남지원 2016.08.25 2015가단21492

매매대금

Text

1. The Defendant’s KRW 129,864,843 to the Plaintiffs and the following: 5% per annum from January 30, 2015 to August 25, 2016.

Reasons

1. Location of basic facts: The portion to be leased of the land of this case: The lease period of KRW 21,600,000: the special agreement between December 28, 2012 and December 28, 2014: The intervenor shall delegate the vinyl and steel materials to the defendant;

(hereinafter “instant special agreement”). A.

On December 28, 2012, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff’s Intervenor (hereinafter “ Intervenor”) on three parcels, including E,197 square meters and 7,197 square meters (hereinafter “instant land”), which are the Intervenor’s ownership, with respect to the following terms (hereinafter “instant lease agreement”).

B. At the time of the instant lease agreement, the instant land was installed with 10 greenhouses and 1 farm studs (hereinafter “the instant vinyls, etc.”). However, most vinyls of the vinyl were teared, and were unusable as they were.

Accordingly, the defendant carried out some repair works by putting vinyl over again, and kept the farmer in the instant vinyl house, etc.

C. Around December 2013, the Defendant became unable to prevent further farmers from suffering from a traffic accident.

Accordingly, around January 2014, the Plaintiffs and F entered into a partnership agreement with the Defendant to purchase the instant plastic houses, etc. from the Defendant, and to cultivate and sell crops, and divide the profits therefrom.

F On January 9, 2014, on behalf of the above partnership, the Defendant entered into a sales contract with respect to the instant vinyl, etc. on behalf of the said partnership (hereinafter “instant sales contract”). On January 2014, the subject matter of sale: The seller’s ownership of KRW 140,00,000, in the instant vinyl, etc.: at the same time, the seller renounceds the ownership of the instant vinyl, etc. at the same time, while paying the full amount of the purchase price, and at the same time, confirms that the buyer has ownership.

A seller succeeds to the status of a lessee under the instant lease agreement.

1. 20.