Subject of Dispute: Termination of Land Lease Agreement and Its Return to the Owner Due to Non-Payment of Lease Payments.
Key Court Arguments:
The court drew attention to fundamentally important aspects regarding the interpretation of systematic non-payment of lease fees. First, systematic non-payment means two or more instances of non-payment. Second, in cases of partial non-payment (underpayment), the general rule of material breach of contract applies, rather than the special provision on systematic non-payment. Third, the court emphasized the necessity of detailed clarification of the period and amount of non-payment/underpayment of lease fees.
Court Decision: To cancel the resolution of the appellate commercial court and remand the case for a new hearing to establish the detailed circumstances of non-payment of lease payments.
