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(영문) 대구지방법원 2016.07.13 2015나19573
임료
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Determination as to the cause of claim

A. The plaintiff's assertion 1) The plaintiff's assertion Da, E, and F each land owned by the plaintiff to C (hereinafter "the land of this case").

(2) As to the Defendant’s annual rent of KRW 3,00,000, and KRW 3,000, without setting the rental period, C set up a fraternity at the same time, and C succeeded to the lease agreement between the Plaintiff and C after purchasing the fraternity from C around 2012, the Defendant sought payment of KRW 6,00,000 (the annual rent of KRW 2014, 2015) against the Defendant. 2), the Defendant purchased the fraternity from C, sold it again to G, and at the present, sold it again to G by succession to the said lease agreement.

B. There is no dispute between the parties to the judgment, or comprehensively taking account of the overall purport of the entries and arguments in Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 2, and 5 through 8, the plaintiff leased the land of this case to H. The ownership of a fraternity on the land of this case was transferred in succession to H, C, Defendant, and G, G was operated in the name of the principal on the land of this case after around 2012, and the defendant received KRW 3,000,000 directly from G around 2013.

According to the above facts, G is deemed to possess the land of this case from around 2012 to the present date, and it is reasonable to deem that G was succeeded to the lessee's status as to the land of this case while G was paid KRW 3,000,000 from G to its receipt.

(A) The Plaintiff asserted that G is a representative of the Defendant, but there is no evidence to acknowledge this. Therefore, the Plaintiff’s claim based on the premise that the Defendant is a lessee of the instant land is without merit.

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so ordered as per Disposition.

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