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(영문) 춘천지방법원강릉지원 2017.11.14 2017나30665

공사대금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On October 12, 201, 201, E filed a registration for the transfer of ownership in his/her name (the sale, trading, and trading value KRW 120,00,000 on September 30, 201) with respect to the instant forest land (the instant forest land was KRW 25,786 square meters, but was divided into KRW 2,645 square meters on February 6, 2012, and became 23,141 square meters; hereinafter “instant forest”).

B. E obtained permission to create grassland under the name of a network B (hereinafter “the deceased”) residing in and raising cattle in the vicinity of the instant forest, with the knowledge that it may extract and sell pine trees in the instant forest, and upon obtaining permission to create grassland under the name of the deceased, he/she would provide the deceased with economic benefits, such as holding livestock pens in the name of the deceased, and transferring the ownership of the instant forest at low prices. As such, he/she obtained the consent of the deceased.

C. On October 16, 2011, E concluded a lease agreement on the lease of the instant forest to the Deceased, but as the lessee was unable to obtain permission to create grassland in the name of the Deceased, E completed the registration of ownership transfer on the portion of 23,141/25,786 out of the instant forest land to the Deceased on October 25, 201.

On October 27, 201, the Deceased filed an application for permission to create grassland with respect to 14140 square meters among the instant forest with the Sung-gun Office. However, on November 24, 201, the Deceased filed an application for permission to create grassland on the ground that the said forest does not meet the criteria for permission to create grassland. ② On December 6, 2011, the Deceased-gun Office filed an application for permission to create grassland with respect to 6813 square meters among the instant forest land with the reduction of the area for application again on December 6, 201, but on December 24, 2011 due to the shortage of the area of the land and the shortage of the number of Korean-style livestock raising, the application for re-application for permission to create grassland was filed on December 24, 2011.