In spite of the agreement on the payment of rent for the first time, the actual case of claiming for payment of payment of compensation unfairly;

In the lease contract, if a specific kind of grain has been determined by the rent, the parties are only obligated to claim the rent or pay the rent for the specific kind of grain.

Freeboard City

Kinju-style

Seoul High Court Decision 57 civil defense 986 delivered on July 24, 1958, Seoul High Court Decision 2005Da2788 delivered on July 24, 2058

In the lease agreement, the parties have the right to claim the rent for the specific grains or the obligation to pay the rent for the specific grains, and it does not specify otherwise, and it shall also apply to the case where the market price of the specific grains is higher than the market price of the grain species that has not been specified. In this case, according to the reasoning of the original judgment, the court below's claim for the rise has been made by legitimate evidence, and it is clear that the purport of rejecting the claim portion due to the reason stated in the former part is unreasonable and it is obvious that the court below's decision was made by the reason that the request for a separate opinion and the request for a seal is unreasonable, and even if it was agreed to the rise of the valley, it cannot be adopted as the original opinion that the claim for a salter is the custom of the transactions of the nation as the freedom of the claimant for the royalty, and the transfer of the claim for the transfer of this case has no illegality in the decision of the court below, that is, the transfer of the claim for the transfer of the loan has not been made in accordance with the reasoning of the original judgment.

Justices Byunok-ju (Presiding Justice)