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1. The Defendant’s KRW 108,134,355 as well as the annual rate of KRW 5% from September 1, 2015 to June 3, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. On September 6, 2013, the Defendant entered into a lease agreement with the Defendant, setting the rent of KRW 15 million per annum with respect to the instant orchard, and the period from January 1, 2014 to October 30, 2018 (hereinafter “instant lease agreement”).
The Plaintiff paid KRW 15 million to the Defendant each of the instant orchard rent in 2014 and 2015.
B. On the other hand, around May 2015, the Governor of Gyeonggi-do issued an order to abolish the plant plant plant against the instant orchard and to prohibit cultivation for the next five years (hereinafter “instant order to abolish the plant”), based on Article 36(1) of the Plant Protection Act around June 2015, following the occurrence of a video disease from a breeding tree near the instant orchard (hereinafter “instant order”).
C. On August 2015, the Defendant received KRW 316,938,000,00 as the owner of the instant orchard from the Rural Development Administration (hereinafter “instant closure compensation”).
[Ground of recognition] Facts without dispute, entry of Gap evidence No. 1, fact inquiry result by this court, purport of the whole pleadings
2. In the judgment of the court below, since the Defendant’s obligation under the instant lease agreement was impossible due to the closure order of this case, the Plaintiff is entitled to seek the return of the Plaintiff’s compensation, which the Defendant acquired in return, as the exercise of the right to claim the Defendant.
Furthermore, the following circumstances, i.e., remuneration paid at the time of the closure of an orchard, for one year (the pertinent year) and for two years (2-3 years) as compensation for the value of the orchard and the cost of disposal, which are no dispute between the parties with respect to the amount of compensation to be refunded, or by taking account of the descriptions No. 2, No. 3-1 and 2, and the results of the fact inquiry by this court.