수목반환 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On December 7, 2012, the Plaintiff purchased pine trees worth KRW 80 million from D and four other persons, who were born on the ground of D and D, Gangwon Yangyang-gun E.
B. On November 29, 2013, the Plaintiff submitted an application to verify the production of pine trees pursuant to the Special Act on the Prevention of pine wilt Cirs Disease, stating the 200 girs among the pine trees purchased as above to the head of Yangyang-do on November 29, 2013 as “Gang Si F (hereinafter “F”) and Kimpo-si Gable GG block (30 weeks), and extracted the said pine trees on December 2, 2013, after obtaining confirmation that there was no infected trees from the head of Yangyang-Gun.
C. At around 2015, approximately 100 pine trees on the F’s land existed, but the said pine trees were transplanted by a separate lawful title against the landowner, which was occupied and managed by H, a landscaping business entity.
On September 17, 2014, the Defendant agreed to pay KRW 70 million on December 30, 2014 on the due date for repayment by setting the amount of KRW 80 million on December 30, 2014.
On July 22, 2015, the Defendant entered into a contract on the delegation of the sale of trees (hereinafter “instant delegation contract”) with H with respect to 80 weeks out of the F-based pine trees on land from H, as follows:
Matters subject to consultation: H confirms that the quantity or points of pine trees planted in the temporary burial owned by the principal are inconsistent, and H shall notify the defendant at the time of removal of the pine trees, and the tree price shall be deposited into the defendant's account.
The defendant shall be entrusted with all the authority over the sale and purchase of trees at the above location, and H confirm that the delegating person will not raise a civil or criminal objection against the delegation of the sale and purchase of trees.
E. Since then, the Defendant transplanted 44 weeks of pine trees among 80 weeks under the above contract (hereinafter “instant pine trees”) on the area of 4850 square meters prior to Gangnam-si I.
F. Meanwhile, there is no indication that pine trees on the F’s ground at the time of the above sale delegation agreement are separately owned by the Plaintiff.