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Reasons
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(영문) 광주지방법원해남지원 2015.10.22 2014가단5620
토지인도 등
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1. The Defendant (Counterclaim Plaintiff) paid KRW 4,487,671 to the Plaintiff (Counterclaim Defendant) and its related amount from October 6, 2015 to October 22, 2015.

Reasons

1. Basic facts

가. 원고와 피고는 2010. 12. 1. 원고가 전남 해남군 C 임야 63,273㎡ 중 10,000평(≒33,057㎡, 이하 ‘이 사건 토지’라 한다)을 피고에게 차임 월 7,000,000원, 임대차기간 2010. 12. 1.부터 36개월로 정하여 임대하는 내용의 임대차계약(이하 ‘이 사건 임대차계약’이라 한다)을 체결하였다

(No. 2). (b)

After the conclusion of the instant lease contract, the Defendant paid the Plaintiff KRW 21,00,000 (==5,000,000 + ② KRW 3,000,000 on February 1, 2011; ③ 5,000,000 on August 5, 2011; ④ KRW 4,00,000 on August 18, 201; ⑤ KRW 21,000,000 on the aggregate of KRW 7,00,000 on July 13, 2013 + KRW 3,00,000 + KRW 4,000 + 4,000,000 + KRW 7,000 on July 13, 2013 + KRW 4,000 + 7,000,000).

(A) Evidence No. 5) (c)

The Plaintiff had leased the instant land to D before entering into the instant lease agreement with the Defendant. According to a lease agreement with D, the Plaintiff’s annual rent was KRW 5,000,000 (the annual rent was changed to KRW 4,000,000). The lease term from September 4, 2008 to September 3, 2011 (the term “from September 3, 2011,” among the four contracts, appears to be “from September 3, 2011.”

(B) Evidence No. 1, Part D of the Witness’s Witness’s Testimony / [Grounds for Recognition] / A, Evidence No. 5, each entry of Evidence Nos. 1 and 2, part of Witness D’s Witness’s Testimony, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The purport of the Plaintiff’s assertion is that the Plaintiff is the cause of the principal claim. The Defendant, upon delivery of the instant land from the Plaintiff on May 1, 201 pursuant to the instant lease agreement, returned the said land to the Plaintiff only on June 15, 2015, and accordingly, the Plaintiff is obligated to return the said land at the rate of KRW 583,333 (=7,00,000 ±7,000 ±12 ± 12) monthly from May 1, 2014 to June 15, 2015, calculated at the rate of KRW 583,333 (hereinafter the same shall apply) from May 1, 2014 to June 15, 2015.

As to this, the Defendant received the instant land from the Plaintiff on September 4, 201, and around March 31, 2015.

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