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1. The Defendants jointly and severally indicate the purport of the claim on this part by the Plaintiff A as “each party (joint).”
Reasons
1. The plaintiffs' assertion (the indication of claim)
A. Each of the plaintiffs' shares in the lands listed in paragraph (1) of this Article is about 30/294, 44/294, 3294, 9/294, 16/30, 30/30, 9/294, 9/294, 9/294, 9/294, 9/294, 9/294, 9/294, 29/294, 29/294, among the co-inheritorss of the networkO.
B. On May 16, 2008, the Plaintiff A and the Defendants illegally occupied each land set forth in the text of paragraph (1) and leased the respective land set forth in the text of paragraph (1) to the Defendants by December 31, 2012, and the rent to KRW 100,000,000 per year (Provided, That the remaining seven months’ amount should be calculated as one year and paid KRW 100,000 per year). However, the Plaintiff A and the Defendants agreed to additionally receive KRW 1,50,000 of the cost of lawsuit in the existing lawsuit (this Court Decision 2007Da38666) between the Plaintiff A and the Defendants.
In addition, on November 21, 2012, the second lease contract was concluded again on November 10, 2017, and on November 21, 2017, the rent was KRW 200,000 (Provided, That the remaining 11-month price should also be calculated as one year and paid KRW 200,000,000) annually.
However, the Defendants paid only KRW 1.7 million out of the rent of KRW 3 million to be paid (=the rent of KRW 500,000,000 for KRW 1.5 million for the second lease contract) (=the rent of KRW 1.5 million for the first lease contract).
Therefore, 1.3 million won should be paid to the plaintiff A, a lessor.
C. On the other hand, on August 7, 2018, Plaintiff A expressed to the Defendants the intent to terminate the secondary rental agreement on the grounds of rent delay for more than two (2) years from the Defendants, and around that time, Plaintiff A reached the Defendants.
Therefore, the lease contract has been terminated, and the defendants collect the fruit trees planted by the defendants on some of the land of the land set forth in the disposition No. 1 of the plaintiff A, and each of the disposition No. 1 of the plaintiff.