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1. The part of the main claim in this case shall be dismissed.
2. As to each land listed in Appendix 3, a stock company.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. F (B Before the opening of the name: G) was a corporation that entered into an agreement with E to transfer all rights as an applicant for the project of the above land wind power generation project (hereinafter “instant wind power generation project”) on December 30, 201, by taking the name of E Co., Ltd. (hereinafter “E”) as a participant in the PocoICT and the Korea Southern Power Generation. The Plaintiff entered into an agreement with E to transfer all rights as an applicant for the project of the instant land wind power generation project.
B. I, as Jins, passed the first shipbuilding Bar Examination in 1947 and served in the Jeju Branch K in 1960, L in 1975 and M in 1976, and N and the Defendants are children of I.
C. The Defendants are co-owners of the remaining land, excluding 14 square meters in sequence 14 (OY 99,900 square meters in Seopo-si) among the land listed in attached Table 3 (hereinafter “instant land”) that is the project site for wind power generation of this case.
Around December 201, F, who represented E, prepared a land lease agreement in attached Form 1 (A evidence No. 5, hereinafter referred to as “lease agreement on December 201, 201”) between I and N in the Q law office of the Republic of Korea located in Jung-gu Seoul, with regard to the instant land for 22 years from January 1, 2012 to December 31, 203, and rent for 20 million won per annum per power generation capacity (150 million won per annum in 2012, prior to the implementation of the power generation project).
E. The Plaintiff, around August 2012, agreed to be transferred all rights as an applicant for a project with E for wind power generation projects of this case. On August 27, 2012, the Plaintiff entered into an agreement to be transferred with I, N, and the term of lease for the instant land from January 1, 2012 to December 31, 2042; the term of lease for the instant land is 30 years from December 1, 2012 to December 31, 2042; the rent is KRW 14,00,000 per annum of power generation volume; hereinafter referred to as “Lease agreement from August 27, 201; and hereinafter referred to as “the sum of the lease agreement from December 27, 2011 and the lease agreement from August 27, 2012.”