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(영문) 대전지방법원홍성지원 2017.07.13 2016가합926
기타(금전)
Text

1. Defendant Seocheon Fisheries Co., Ltd.: 1,524,809,721 won and its 68,144,764 won among the Plaintiff.

Reasons

1. Basic facts

A. On March 14, 2005, Defendant Seocheon-gun leased from the Plaintiff a 292,400 square meters out of the 313-2 Miscellaneous land owned by the Plaintiff as the 1st treatment plant of Seocheon-gun, Seocheon-gun, Seocheon-gun, the Plaintiff used as the 1st treatment plant of Seocheon-gun, Seocheon-gun, the Plaintiff used as the 305,623 square meters of thermal effluent farming business (the next business of cultivating marine products by using thermal effluents emitted from the power plant), under the following conditions:

(2) From April 1, 2005 to March 31, 2008 (three years): The rent shall be 5/100 of the officially assessed individual land price calculated most adjacent to each payment date on a yearly basis.

However, rent shall be free for the portion of land-related local taxes and national taxes not imposed by using it for official or public purposes.

An amount equivalent to the value-added tax shall be paid separately from rents.

Defendant Seocheon-gun may sublet only for any incidental business that conforms to the purpose of lease or the purpose of lease, and in such cases, he/she shall obtain the consent of the plaintiff in writing one month prior to the date of lease

B. Defendant Seocheon-gun, upon the Plaintiff’s consent on April 29, 2005, sublet the leased land of this case to Defendant Seocheon-gun, Inc. (hereinafter “Defendant Seocheon-gun”) on the following terms: (a) 9,174 square meters of the leased land of this case (hereinafter “the sub-lease land of this case”)

(2) From May 1, 2005 to March 31, 2008 (two years and 11 months): 5/100 of the officially assessed individual land price of the relevant year on a yearly basis.

The calculation period of the sublease fee shall be based on the contract term of the instant lease contract between the Plaintiff and the Defendant Seocheon-gun.

When a sublease is paid, an amount equivalent to the value-added tax shall be paid separately from the sublease.

C. The Plaintiff and the Defendants are established on the instant sub-lease land when the instant lease contract and sub-lease contract are terminated.

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