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Reasons
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(영문) 대구고등법원 2016.10.12 2015나25038
토지인도 등
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1. All appeals filed by the Defendant (Counterclaim Plaintiff) with respect to the main claim and counterclaim and Defendant C and E are dismissed.

2...

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. 1) The Plaintiff is the owner of the instant real estate. 2) Based on Defendant B, Defendant C is the wife, Defendant D is the son, and Defendant E is the shot.

3) Meanwhile, from the beginning of 2001 to the date of the closing of argument in the instant case, Defendant B, who operates the landscape gardening company H, occupied the instant real estate by putting pine trees and rocks up on the instant real estate surface, etc. B. (i) around early 2001, the Plaintiff entered into a lease agreement with Defendant B and the instant real estate with the Defendant B with the term of seven years of lease and seven million won of annual rent, on condition that the Plaintiff would be paid the total rent of KRW 49 million, and around that time, transferred the said real estate.

In addition, between December 6, 2001 and December 31, 2001, Defendant B paid to the Plaintiff the sum of KRW 45 million as the rent three times from December 6, 2001.

2) Thereafter, on January 3, 2002, the Plaintiff sold the instant real estate to Defendant B and the Defendant B for KRW 200 million, but the down payment of KRW 50 million is KRW 50 million at the time of the contract; the first intermediate payment of KRW 50 million on December 31, 2002; and the second intermediate payment of KRW 50 million on December 31, 2003; and the remainder of KRW 50 million on December 31, 2003; and the sales contract of this case to be paid respectively on December 31, 2004 (hereinafter “instant sales contract”).

(3) On April 1, 2002, the Plaintiff, on April 1, 2002, lent KRW 20 million to Defendant B at an interest rate of KRW 2% per month and February 1, 2003 (Evidence 11). The Plaintiff, on April 26, 2002, lent KRW 45 million from the branch of the Agricultural Cooperative, Seoul, Seoul, on April 26, 2002, to Defendant B at an interest rate of KRW 20 million (Evidence 11).

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