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(영문) 광주지방법원해남지원 2016.11.08 2014가단20650
손해배상(기)
Text

1. The Defendant’s KRW 19,77,00 for the Plaintiff and KRW 5% per annum from April 1, 2014 to November 8, 2016.

Reasons

1. Circumstances leading to the dispute of this case;

A. On January 2012, the Plaintiff: (a) from the Defendant on the Seocho-gun, Nam-gun, the Defendant, on January 2012, 201, leased from the Defendant the rent of KRW 264 square meters, KRW 466 square meters, KRW 2,739 square meters, KRW 823 square meters, KRW 5,104 square meters, KRW 1,070,070 ($ 1,093 square meters, before J. after the registration conversion); (b) KRW 10,150, KRW 4,842 square meters, KRW 2,174 square meters, and KRW 669, KRW 2,200, and KRW 676,000,000, annually, on the leased land (hereinafter “the instant leased land”).

(hereinafter referred to as “the first lease of this case.” The Plaintiff and the Defendant did not prepare the contract while entering into the first lease contract of this case, and the Plaintiff claims that the agreed lease term is eight years, and three years, respectively).

After the conclusion of the instant first lease agreement, the Plaintiff paid KRW 8,00,000 on February 2, 2012 as three-year rent, and KRW 28,000,000 on February 9, 2012, and KRW 28,00,000 on deposit in the Defendant’s wife’s account.

(A) evidence of heading 4.c.

Upon entering into the first lease agreement, the Plaintiff and the Defendant concluded the instant first lease agreement, and they made the instant first lease land into land suitable for ancient-gu farmers by clearing and flating the entire leased land, but they agreed to take charge of administrative procedures, such as permission for mountainous district conversion, and bear the costs of the work.

(C) fact that there is no dispute. D.

From the end of February 2012 to the beginning of May 2012, 2012, the Plaintiff developed the instant primary leased land and removed miscellaneous plants. After completing the construction, the Plaintiff cultivated the spawn in the instant primary leased land.

E. In January 2013, the Plaintiff additionally leased the Defendant 1,167 square meters (T ownership), U 41 square meters (V ownership), 1,699 square meters (X ownership), 331 square meters of Y forest and field (Z ownership), and 159 square meters of AA forest and forest (hereinafter “the second lease land of this case”) from the Defendant on the ground of early January 2013.

(f) The Plaintiff was from the beginning of January 2013.

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