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1. The defendant shall be the plaintiff.
(a) pine trees listed in the same list as those planted in each real property listed in the attached list 5.
Reasons
1. Basic facts
A. On December 22, 2010, the Plaintiff entered into a lease agreement with the Defendant for the lease of each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) with the rent of KRW 7,000,000 per annum without deposit, and the lease period from December 23, 2010 to December 22, 2015.
(hereinafter “instant lease agreement”). B.
The Defendant planted pine trees on each of the instant land, and paid only KRW 3,00,000,000 on the agreed date to the Plaintiff during the period from December 23, 2012 to December 22, 2013 (hereinafter “2013”). From December 23, 2013 to December 22, 2014, “2,” “2014” and “2, from December 23, 2014 to December 22, 2015,” respectively, annual rent for KRW 7,00,000 on the agreed date, from December 23, 2014 to December 22, 2015.
C. Accordingly, on May 18, 2015, the Plaintiff filed a suit against the Defendant for a claim for rent amounting to KRW 18,00,000,000 (i.e., KRW 4,000,000 for the year 2013 and KRW 7,000,000 for the year 2014) from the above court on June 1, 2015, the Plaintiff received a recommendation of performance with the purport that “The Defendant shall pay to the Plaintiff the amount calculated at the rate of KRW 20% per annum from June 5, 2015 to the day of full payment” and the said decision became final and conclusive on June 19, 2015.
hereinafter referred to as the "decision on performance recommendation of this case"
(D) Meanwhile, on March 4, 2016, when the instant lawsuit was pending, the Defendant deposited the Plaintiff’s principal and interest 20,702,465 won (=18,000,000 won per annum 20% (2,702,465 won per annum from June 5, 2015 to March 4, 2016) based on the Plaintiff’s refusal to receive payment. (e) On the other hand, the number of trees owned by the Defendant listed on each of the instant lands is 5,538 M in total as shown in the separate sheet. [Grounds for recognition] There is no dispute, and Gap’s evidence Nos. 1 through 3 (including serial numbers), the appraisal results and pleadings by the appraiser C.