임대료 청구의 소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3.Paragraph 1 of the text of the judgment of the court of first instance shall be subject.
1. Basic facts
A. On December 30, 2012, the Plaintiff and the designated parties (hereinafter referred to as “Plaintiffs”) signed a lease agreement with the Defendant on the lease of KRW 7,200,000 per annum with respect to the size of 6,719 square meters and the size of 18,300 square meters and the size of 18,300 square meters and the size of each land owned by the Plaintiffs (hereinafter “each land of this case”).
B. After the Defendant leased each of the instant lands, the Defendant planted spawn trees, spawn trees, etc. on the ground.
C. The Defendant did not pay to the Plaintiffs rent for the year 2015 and the year 2016 as to each of the instant land. Around March 2016, the Plaintiff notified the Defendant of the payment of the total of KRW 14,400,000 for the two-year unpaid rent.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the plaintiffs 3,600,000 won (=14,400,000 won x 1/4) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from January 1, 2017 to the date of full payment, as the plaintiffs seek.
3. Judgment on the defendant's assertion
A. 1) The Plaintiff agreed with the Defendant on September 10, 2016 that the tree planted on each of the instant land would be paid rent as sold by the Defendant, but the Defendant obstructed the sale of the Defendant’s tree and the Defendant could not pay the rent. 2) Although the Plaintiff agreed with the Defendant to receive subsidies during the lease term and pay the same to the Defendant, the Plaintiff did not pay the relevant subsidies. As such, the Defendant cannot comply with the Plaintiffs’ request.
B. On September 10, 2016, the Plaintiff agreed to receive rent from the Defendant as the tree planted on each of the instant land was sold between the Defendant and the Defendant, and the Plaintiff.