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(영문) 대전지방법원 2015.12.23 2014나13035
토지이용대금
Text

1. Of the judgment of the court of first instance, each of the plaintiffs (appointed parties) and the designated parties B and C, who correspond to the money ordered to pay below.

Reasons

1. Basic facts

A. A. Around 2008, F entered into a lease agreement with the Defendant on December 1, 2008, stipulating that the term of lease of F-owned G forest G 15,484 square meters (hereinafter “instant forest”) shall be six years from December 1, 2008 to December 2, 2014 (hereinafter “instant forest”) to the Defendant, each of which shall be KRW 24,000,000 per annum for the rent of six years, and the down payment of KRW 5,00,000 among them shall be KRW 19,00,000,000 for the remainder of the contract, the remainder of which shall be paid on December 1, 2008 (hereinafter “instant contract”).

B. From December 2008, the defendant has been leaving farming houses in the forest of this case from around December 2008.

C. On December 4, 2008, the Defendant deposited KRW 19,000,000 in the E’s account, and E deposited KRW 10,000,000 in the F’s account on June 24, 2009.

F Around April 26, 2010, the F died, and his heir had the Plaintiff, the son, B, and C, the wife.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2 and 3, witness E of the first instance court, the purport of the whole pleadings

2. According to the facts of the judgment as to the plaintiff's cause of claim, the defendant is obligated to pay to the plaintiff, the heir of F, B, and C an amount equivalent to the pertinent share of inheritance out of the amount payable of KRW 24,00,000,00 under the lease agreement of this case.

The plaintiff is a person who received 10,000,000 won from June 24, 2009 as above and received 10,000,000,000 won out of the above rent, barring special circumstances, the defendant is obligated to pay to the plaintiff the remaining rent inheritance amount of 6,00,000,000 won (=the remaining rent of 14,000,000 won - 10,000,000) x 3/7 shares) x 3/7 shares of inheritance amount of each remaining rent of 4,00,00,000,00 won (=14,00,000,0000 x 2/7 shares of inheritance) and damages for delay.

3. Judgment on the defendant's defense

A. The defendant's assertion is that the contract deposit is 5,000 won out of the rent 24,000,000 on December 1, 2008, which is the date of the contract under the instant lease agreement.

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