beta
Text
1. The judgment of the court of first instance is modified as follows.
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall list the Plaintiff (Counterclaim Defendant) in attached Form 1.
Reasons
1. Basic facts
A. The deceased C (hereinafter “the deceased”) acquired the ownership of the instant land on June 16, 1992.
B. Around August 28, 2001, the Defendant leased the instant land from the Deceased, and had the deaf company in the said land. The Deceased died on January 6, 2009.
C. On August 18, 2010, the Defendant entered into a lease agreement with the wife D and the lessor as the deceased on the land of this case with the term of lease from August 30, 2010 to August 29, 2013, and with the rent of KRW 4,00,000 for three years (the lease agreement includes the lease amount of KRW 1,33,33,000,00,00). On August 22, 2013, the Defendant entered into a lease agreement with D and the lessor as the deceased, with the term of lease for the land of this case from August 30, 2013 to August 29, 2016 to the lease amount of KRW 4,00,000 for three years (hereinafter “the lease agreement of this case”). In relation to the lease agreement, Article 25 of the Farmland Act was renewed.
The Plaintiff completed the registration of ownership transfer on July 13, 2016 on the instant land due to the division of inherited property dated January 6, 2009.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination on the main claim
A. (1) The fact that Article 25 of the Farmland Act is explicitly applied to the renewal of the lease agreement at the time of the conclusion of the instant lease agreement is as seen earlier, and the same condition that regards the term “a lease again under the same conditions as the previous lease at the time when the lease term expires” as stipulated in Article 25 of the Farmland Act includes the term of lease (see Supreme Court Decision 2010Da81254, Dec. 23, 2010). The parties concerned with the renewal of the lease regardless of whether the leased object is farmland or not.