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(영문) 대구지방법원상주지원 2016.01.13 2014가단8416

손해배상(기)

Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against C who is represented by the plaintiff.

Reasons

1. Basic facts

A. Nonparty D and the Defendant entered into a contract on around 2011, etc.) Land E at Lhyeong-si (hereinafter “instant land”).

(2) On September 30, 201, Nonparty D, the owner of Nonparty D, entered into a contract with the Defendant to grant the Defendant the right to harvest of the standards, etc. from the instant land. The main contents are as follows: The contract period of KRW 1 million: the contract period of KRW 2 million: the contract period between August 30, 201 and November 30, 201; the contract is null and void every year (10 years) / the forest sale contract; the deposit amount of KRW 1 million is granted; and the Defendant began to harvest the standards, etc. from around 2011 to the instant land according to the contract with the said Defendant.

B. At around February 25, 2014, D and the Plaintiff entered into a contract between D and the Plaintiff to grant the Plaintiff the right to harvest forest products, etc. located on the instant land. The main contents are as follows. The period of organization name: (a) the period between March 1, 2014 and February 28, 2016, the right to manage and use and profit from the said land; and (b) the right to gather and dispose of the said land, including land trees and forest products, were assigned. From around September 2014, 2014, the Defendant harvested harvested harvest-type from around September 2014 to around November 25, 2014, the Plaintiff filed a criminal complaint against the Plaintiff, etc. with the investigative authority against the instant land theft on the basis that the Defendant’s act constituted a larceny of the instant land at around September 2014. < Amended by Presidential Decree No. 25750, Nov. 25, 2014>

2) Thereafter, on April 13, 2015, a summary order of KRW 3 million was issued against the Defendant’s above act. On April 20, 2015, the Defendant filed an application for formal trial with the Daegu District Court as the Residential Support of the Daegu District Court No. 2015Gohap53 on April 20, 2015. [In the absence of any dispute over the grounds for recognition, Gap’s evidence 1, Gap’s evidence 5 through 28, Eul’s evidence 1, Eul’s evidence 4-1, Eul’s evidence 4-7, and Eul’s evidence 7, the purport

2. This.