A. C is an owner of 10413 square meters prior to D prior to D at the time of permanent residence (hereinafter “D”), E miscellaneous land 2068 square meters (hereinafter “E”), and F forest 4534 square meters (hereinafter “F”). The Plaintiff leased D from C and is a person planting pine trees, and the Defendant is a landscaping business entity.

B. On August 2014, the Plaintiff concluded a sales contract with the Defendant to sell the Plaintiff’s pine trees of KRW 200 per share of KRW 125,000 per share (hereinafter “instant sales contract”).

C. In accordance with the instant sales contract, the Defendant extracted 51 pine trees from D where the Plaintiff’s pine trees were planted, and extracted 89 pine trees from C, where pine trees were planted, during the process of extracting pine trees for both days on November 17, 2014 and November 18, 2014 (hereinafter “instant extraction”).

The Defendant transferred KRW 2,500,000,000 to A as the purchase price under the instant sales contract, and KRW 10,000,00 on November 19, 2014, and KRW 5,000,00 on November 20, 2014.

[Ground of recognition] Evidence Nos. 2-1, 2, 3-1, 2, 4 through 6, Eul evidence Nos. 7-1 and 7-2, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Defendant is obligated to extract 200 won of the Plaintiff’s pine trees planted in D pursuant to the instant sales contract, and suspend extraction and extraction from D to D, and thus, the Defendant is obligated to mine the remaining 128 shares and pay 7.5 million won, deducting 17.5 million won of the total purchase price already received, out of 2.5 million won. Furthermore, the Plaintiff agreed to pay KRW 15,000,000 to the Plaintiff’s pine trees remaining after the Defendant extracted from D until December 31, 2015. As a result, the Defendant did not extract 128 pine trees of the Plaintiff, thereby causing damage to the amount that the Defendant should incur.