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1. The defendant
(a) the delivery of each land listed in the separate sheet;
(b) KRW 7,563,917 and as regards this, it shall be dated 2017.
Reasons
1. Basic facts
A. The Plaintiff, around 2003, leased each of the lands listed in the separate sheet (hereinafter “each of the lands of this case”) from C, the owner of each of the lands of this case, without specifying the term of lease, and leased each of the lands of this case to C at rent rate of 200 hours each year.
B. In 2007, the Plaintiff cultivated drillings on each of the instant land, and began to grow 600 saccine trees (hereinafter “instant saccine”).
C. On February 9, 2009, the Plaintiff received KRW 12 million from the Defendant in return for the Plaintiff’s growing of the instant dead tree for about two years since 2007.
On March 26, 2009, the Plaintiff entered into a contract with the Korea Rural Community Corporation to purchase the instant land in KRW 48 million. The Plaintiff paid KRW 7,100,000 to the Korea Rural Community Corporation and paid KRW 40,90,000 to the Korea Rural Community Corporation each year by borrowing KRW 4,09,000 from the Korea Rural Community Corporation.
On the other hand, in order to secure the above loans on March 30, 2009, the Korea Rural Community Corporation completed the registration of establishment of a mortgage on each of the land of this case, including the maximum debt amount of 57.26 million won, and the debtor as the plaintiff.
E. On March 24, 2009, the registration of transfer of ownership was completed on March 23, 2009 between C and the Korea Rural Community Corporation under the name of the Korea Rural Community Corporation and the Korea Rural Community Corporation. On March 30, 2009, the registration of transfer of ownership was completed on March 26, 2009 between the Korea Rural Community Corporation and the Plaintiff as seen earlier in the name of the Plaintiff.
F. As the Plaintiff leased each of the instant lands to the Defendant, the Plaintiff determined the annual installment payments to be paid out of the money loaned from the Korea Rural Community Corporation, upon purchasing each of the instant land, as the land rent, and concluded that the Defendant would bring about profits from growing the instant fruit trees and growing them.
(g) The Defendant is the Plaintiff.