beta
Text
1. Upon a claim changed in exchange at the trial, the defendant is paid KRW 42,930,00 from the plaintiff.
Reasons
1. Facts of recognition;
A. On August 17, 2007, the Plaintiff completed the registration of ownership transfer on October 2, 2007 due to the inheritance by agreement division on August 17, 2007 with respect to the land of 167 square meters in the Seosung-si Co., Ltd. (hereinafter “instant land”).
B. The Defendant completed the registration of ownership transfer on October 4, 1994 with respect to the instant building located on the instant land on the grounds of sale as of September 30, 1994.
C. Around September 30, 1994, the Defendant entered into a land lease agreement (hereinafter “instant lease agreement”) on the condition that the instant land owned D with D will pay annual rent of 1 math of rice without setting a period.
Even after succeeding to the status as a lessor of the instant land and the instant lessor due to the death of D, the Plaintiff received payment from the Defendant for the rent of 1 mast of rice each year. Since 2011, the Plaintiff did not receive 1 math of rice agreed to rent.
E. The Plaintiff expressed in the instant complaint the intent to terminate the instant lease agreement, and the said warden served the Defendant on December 5, 2013.
F. Meanwhile, on January 28, 2014, the Defendant expressed his/her intent that “if the Plaintiff terminates the instant lease agreement despite the Defendant’s request for renewal, he/she would exercise the right to purchase the instant building against the Plaintiff,” and the said briefs were served on the Plaintiff on February 3, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 4, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion is a lease without a fixed period of time and terminated by the Plaintiff’s declaration of intent to terminate the lease. Since the Defendant exercises the right to purchase the instant building against the Plaintiff, the Defendant is paid KRW 20,000,000, which is the market price of the said building, at the same time, by the Plaintiff.