(영문) 전주지방법원 2015.10.22 2015나598 | 리걸엔진

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(영문) 전주지방법원 2015.10.22 2015나598

임료

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts are not disputed between the parties, or are admitted in full view of the purport of the entire pleadings in Gap evidence Nos. 1 and 2.

On November 22, 1999, the Defendant entered into a lease agreement with C on a condition that the term of lease shall be one year with respect to land D and E (hereinafter referred to as “the farmland in this case”) located in the area of the former North Korea, and the rent shall be paid in advance, and the farmland in this case by November 20, 201.

B. On November 20, 2001, the Defendant terminated the above lease contract with C, and on November 22, 2001, entered into a lease contract with the Plaintiff on November 22, 2001 with respect to the farmland of this case with the term of lease one year, and on November 22, 2001, the rental fee was to be paid in advance (hereinafter “the lease contract of this case”), and thereafter, the farming house in this case has been set up.

C. The instant lease agreement was terminated by agreement on December 31, 2013.

Around March 2014, the Defendant concluded a lease agreement with the Korea Rural Community Corporation entrusted with the instant farmland by the Plaintiff, setting the lease period from March 13, 2014 to March 12, 2019, respectively, by setting the lease period as KRW 4,480,000 per annum.

2. The assertion and judgment

A. Inasmuch as the instant lease agreement on the ground of the Plaintiff’s claim was concluded in 2001 and terminated in 2013, the Defendant shall pay the Plaintiff 13 annual fees. Of them, the Defendant shall pay only 12 minutes, and did not pay the remainder once.

(1) The Plaintiff’s first claim for the rent of KRW 3,200,000 for the year 2013 was made, and the Defendant asserted that the rent of KRW 200 for the year 201 was not paid until March 2014, and then the claim was changed to claim for the rent of KRW 3,200,000 for the year 201. Therefore, the Defendant paid the Plaintiff the rent of KRW 3,200 for the year 201 and its delay damages.

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