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1. The judgment of the first instance court which reflects the plaintiffs' lawsuit acceptance and the main lawsuit and counterclaim that have been reduced by this court.
Reasons
1. Facts of recognition;
A. On December 19, 1964, A completed the registration of ownership transfer with respect to the land of 3,505 square meters (hereinafter “instant land”).
A deceased on December 17, 2018, Plaintiff F, his spouse, succeeded to 3/9 shares, Plaintiff G, H, and I, respectively, 2/9 shares, and taken over the instant lawsuit at the trial.
B. On May 10, 2009, D, which operated a secondhand shop, leased approximately KRW 600,000 square meters of the instant land from A without a deposit, to operate the secondhand shop in a monthly rent of KRW 1 million, and around December 27, 2012, the Defendant established the Defendant on the ground that around that time, the Defendant entered into a lease agreement with A (hereinafter “instant lease agreement”) under the same condition, and used the said land as a secondhand site.
On March 18, 2015, A and the Defendant drafted a lease contract with the term of lease until March 18, 2017.
C. From December 2012 to April 2015, the Defendant paid the monthly rent of KRW 29 million to A. The Defendant, while treating the monthly rent as a corporate expense, registered as a rental business entity, and paid KRW 504,990 in total to A for eight months from December 2014 to July 2015.
Of the instant land, the Defendant occupies a part of 2,527 square meters (hereinafter referred to as “the instant part”) in part 2,527 square meters (hereinafter referred to as “the instant part”) among the instant land, and each of the facilities listed in subparagraphs 1-A(A) through (a) through (e) of paragraph (1) of this Article (hereinafter referred to as “instant facilities”).
E. Meanwhile, on July 14, 2014, A and D received a summary order of KRW 5 million (Seoul District Court Decision 2014 High Court Decision 2014Da6117) for each of the facts constituting an offense that “from May 10, 2009 to May 23, 2014, the Plaintiff-owned farmland of KRW 1,831 square meters, including the instant land, was diverted to the open site on the water without permission to divert farmland.”