(영문) 서울서부지방법원 2016.05.27 2015나4928

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(영문) 서울서부지방법원 2016.05.27 2015나4928

연임대료미수금

Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. D, on January 1, 2007, leased a rental fee of KRW 4.8 million per annum to the Defendant with a 5057 square meters per annum and a F 3007 square meters per annum (hereinafter “instant land”) from January 1, 2007 to December 31, 2009, which is one of its own possession.

(hereinafter “instant lease agreement”). B.

D After the death of D, on January 21, 2013, the Plaintiffs, their children, completed the registration of transfer of one half of each of the instant land due to inheritance by agreement and division ( February 24, 2011).

C. Meanwhile, the instant lease agreement was explicitly renewed even after the termination of the contract, and on May 2013, the Defendant continued to cultivate the instant lease agreement by paying rent under the instant lease agreement to the Plaintiffs, and on April 5, 2015, returned the instant land to the Plaintiffs.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, it appears that the status of a lessor and a lessee under the instant lease agreement was succeeded to the same content as that of the Plaintiffs and the Defendant, and the Defendant is obligated to pay the Plaintiffs annual rent of KRW 4.8 million in 2014.

B. On May 10, 2013, the Defendant asserts that: (a) around May 10, 2013, Plaintiff B made advance payment of the rent of KRW 4.8 million in the year 2014; and (b) the rent in the year 2013 was paid in cash on or around February 2013.

The fact that the Defendant paid 4.8 million won to Plaintiff B around May 10, 2013 is no dispute between the parties.

However, there is no evidence to prove that the Defendant paid the rent in the year 2013. Accordingly, the above rent that the Plaintiff B received is considered to constitute the rent in the year 2013.

The defendant's argument is without merit.

3. If so, the Defendant: (i) 2.4 million won each of the Plaintiffs (=4.8 million won/2) and the following day following the delivery of a copy of the complaint of this case to the Plaintiffs.

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