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(영문) 광주지방법원목포지원 2014.10.29 2014가단2950
대여금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A and B are in de facto marital relationship, and Plaintiff C and D are children of Plaintiff B.

The Defendant (hereinafter referred to as the “Defendant”) is the father and wife of the Appointed F.

B. On December 17, 201, Plaintiff A entered into a lease agreement (hereinafter “instant lease agreement”) with the buyer F, who agreed to lease the Plaintiff’s 9,530 square meters and 8,096 square meters (hereinafter “instant salt farm”) at the time of lease from January 1, 2012 to January 15, 2015, with the annual rent of 30 km 2,000 (hereinafter “instant lease agreement”).

C. The Plaintiffs produced salt at the above I salt farm leased by Plaintiff A in 2012 and 2013.

[Judgment of the court below] The ground for recognition is without dispute, Gap evidence No. 1, the purport of the whole pleadings

2. Determination:

A. The summary of the Plaintiff’s assertion on the claim for confirmation of termination of the Plaintiff A’s lease agreement is as follows.

① At the time of the conclusion of the instant lease agreement, the Defendant, the husband of the designated F, promised to repair the Plaintiff’s future salt farm and supply all kinds of materials necessary for the operation of the salt farm, and to distribute salt produced from the operation of the salt farm to the lessor and lessee at the rate of 7:3.

However, this agreement is omitted in the actual contract.

② Although H salt farms entered as the leased object under the instant lease agreement are unable to produce actual salt, Defendant Defendant, a lessor, is more than rents.

In order to receive a large number of cases, the defendant entered false matters.

③ The Defendant promised not only to repair the instant salt farm at the time of the conclusion of the instant lease agreement, but also did not implement the said agreement even around October 2012, which was around October 2012, when salt production was completed in 2012.

Plaintiff

A shall serve a copy of the complaint of this case on the grounds of the cancellation as above.

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