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1.The judgment of the first instance, including a counterclaim claim added at the trial, shall be modified as follows:
Reasons
1. (1) On May 10, 2015, the Defendant made a verbal agreement from the Plaintiff (D) to lease the instant land and two plastic houses on the instant land, which are farmland owned by the Plaintiff, to rent the instant land and two plastic houses on a yearly rent of KRW 1,00,000,000. Around that time, the Defendant paid a rent of KRW 1 million to the Plaintiff, and handed over the instant land and its ground plastic houses from the Defendant, and went through a farming shed.
(2) The Plaintiff completed the registration of ownership transfer of the instant land on August 6, 2009, and cultivated it from that time. However, due to kidne, etc., the Plaintiff leased the instant land to the Defendant because it is difficult to set up a farmer’s house
(3) On May 10, 2016, the Plaintiff and the Defendant raised the annual rent of KRW 1.3 million, and the term of lease extended one year to May 9, 2017, but made a verbal agreement to receive fertilizers from a local government to provide the Defendant with such fertilizers as are provided to the Defendant by a local government without compensation.
(2) The Plaintiff was already registered as an agricultural business entity, and the agreement on the instant land was not prepared between the original and the Defendant, and thus, the Defendant could not directly apply for the provision of fertilizer to the local government under its name.
(4) The Defendant: (a) laid down the instant land and the instant plastic houses on two parts, namely, automobiles, householdwork tools, navigational Ri, tree board, fertilizer (fertilizes are purchased separately by the Defendant for the farm house), and various garbages, etc.; and (b) filed a civil complaint by the neighboring people; (c) requested the Plaintiff to remove these things that interfere with the farm house, but the Defendant did not comply with the request.
(5) From May 10, 2016, the Defendant did not pay the Plaintiff rent to the date of the closing of the party trial, and the Plaintiff urged the Defendant to pay the rent several times.
(6) Accordingly, the Plaintiff is also stipulated in the instant lease agreement.