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(영문) 대전지방법원 2018.11.16 2018나107327
임대료
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On August 7, 1970, the Plaintiff acquired ownership of 10,065 square meters of land (hereinafter “land before subdivision”) in Hongsung-gun, Hongsung-gun, Hongsung-gun.

B. The Defendant had the intent to purchase approximately 1,000 of the pre-divisiond land in the name of D from the Plaintiff in installments.

Accordingly, around July 4, 2014, the Plaintiff and D made a sales contract stating that the sales amount of KRW 240 million shall be KRW 306,000,000,000, out of the land before subdivision between the Plaintiff and D (hereinafter “instant sales contract”). ② The Plaintiff and D drafted a receipt stating that “The Plaintiff shall prepare and confirm this receipt to D, as the sales amount of KRW 270,000,000,000 is paid with the sales amount of KRW 1,000,000,000, out of the land before subdivision,” (hereinafter “instant receipt”). ③ The Plaintiff and the Defendant established a road on a forest E 1,600,000 square meters in Chungcheongnam-gun, Hongsung-gun, and that “The Plaintiff shall lease KRW 30,00,00,000,000,” respectively (hereinafter “instant agreement”).

C. On August 1, 2014, the day of the instant sales contract, the land before subdivision was divided into three thousand and three hundred and sixty-six square meters of C forest land (hereinafter “instant land”), F forest land 4,965 square meters of forest land, E forest land 1,600 square meters of forest land (hereinafter “instant road site”) and 194 square meters of G forest. On August 13, 2014, the instant land was registered for the transfer of ownership in the name of D based on the instant sales contract.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff 1 of the parties asserted that the plaintiff H sold the land of this case in KRW 240 million to H, and that H reselled it to the defendant, thereby concluding the sales contract of this case. At the time of the sales contract of this case, the plaintiff 1 of this case requested the plaintiff to lease the road site of this case and prepared the agreement of this case.

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