beta
Text
1. The Defendant shall receive 365 square meters of D forest land 2,343 square meters from C in Silung-si, and at the same time, KRW 9,720,000 to the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is the owner of the forest land indicated in paragraph (1) of this Article (hereinafter “instant forest land”).
On April 28, 2014, the Defendant agreed to grant C the lease of KRW 10,00,000, KRW 700,000 per month of rent, and KRW 700,000 per April 30, 2019 with the lease term fixed by April 28, 201, for the purpose of leasing 365 square meters of the instant forest by April 28, 201.
(hereinafter “instant lease agreement”). B.
C up to May 1, 2014, up to KRW 10,000,000 was awarded to the Defendant for lease deposit.
C From around that time, the construction for operating the restaurant (hereinafter “instant construction”) was commenced in the forest of this case.
C. On May 28, 2014, the Defendant concluded a sales contract with E to sell the instant forest land in KRW 270,000,000 (hereinafter “instant sales contract”).
However, the sales contract of this case was terminated later.
C On November 12, 2014, transferred KRW 10,000,000 to the Defendant and KRW 15,000,000 of the instant construction cost claim against the Defendant, and notified the Defendant of the assignment of the claim.
The Defendant received the notice of assignment of claim during the instant lawsuit
(A) evidence 6.e.
C has left his own state in the forest of this case until the date of the closing of the argument in this case, and has prevented others from entering the forest of this case.
【Fact-finding without a dispute over the basis of recognition】 All entries in Gap's Evidence Nos. 1, 6, 7, Eul's Evidence Nos. 1, 2, and 5, the purport of the whole pleadings
2. Judgment on the Defendant’s defense prior to the merits
A. The gist of the Defendant’s defense is that the instant lawsuit is unlawful, since the main purpose of the Defendant’s defense C is to have the Plaintiff conduct litigation, and thus, the instant lawsuit is unlawful.
B. The Plaintiff asserts that C has lent the construction cost and the lease deposit to C.
Although the Plaintiff failed to submit financial data, loan certificates, etc. on this, considering that the Plaintiff and C remain as a intermediary, such circumstance alone is alone.