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(영문) 대전지방법원 서산지원 2017.02.09 2015가합50094

임대료반환 등

Text

1. The defendant,

A. The Plaintiff A’s KRW 70,000,000 as well as 5% per annum from February 28, 2015 to February 9, 2017.

Reasons

1. Basic facts

A. On June 29, 2004, the Defendant and D, E, F, G, H, I, J, K, and L jointly purchased the N,O, P, Q, and R land from M on June 29, 2004, and on May 25, 2005, D completed the registration of share ownership transfer for 3/21 shares of each of the above land and the remaining joint buyers including the Defendant completed the registration of share transfer for 2/21 shares of each of the above land.

B. Ten co-owners, including the Defendant, were granted permission for seed production fisheries with the following contents pursuant to Article 41(3)3 of the former Fisheries Act (amended by Act No. 10943, Jul. 25, 2011) on June 21, 201, pursuant to Article 41(3)3 of the same Act.

1. Kinds and names of the seed and seedling production fisheries: Land seed production fisheries;

2. Location of facilities or surface of water: Rari-gun, Chungcheongnam-gun, Chungcheongnam-gun.

3. Timing of fishery:

1. The period of permission from January to December 4, 12: the kind of seeds and seedlings produced on June 21, 201 to April 30, 2016: the fish and sea ginseng

6. Kind, size, equipment: 20,500 square meters of a facility area (20,500 square meters of a water area).

C. In addition, ten co-owners, including the Defendant, obtained permission for inland seawater fish farming with the following content from the head of Taean Gun pursuant to Article 41(3)2 of the former Fisheries Act (amended by Act No. 10943, Jul. 25, 2011) on June 22, 2011.

1. Fishery business name: Business of cultivation in inland sea water;

2. Location of facilities: P, Q, and R in Taenam-gun, Chungcheongnam-gun.

3. Timing of fishery:

1. The period of permission from January to December 4, 12: the kind of cultivated products from June 22, 2011 to April 30, 2016: Gap, and tidal ginseng.

6. Kind, size, equipment: 19,28 square meters of a facility area (19,28 square meters of a water area).

D. Meanwhile, on December 9, 2013, Plaintiff A concluded a lease agreement on the said land (hereinafter “the first lease agreement”) with the Defendant, with a view to operating the aquaculture and R land of the 18,000 square meters. On the other hand, the Defendant’s mother S and rent delegated by the Defendant with the authority to enter into a lease agreement from the Defendant was KRW 20,000 per annum, and the term of the contract was three years for the said land.

(e).