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(영문) 대전지방법원서산지원 2016.01.14 2015가합50322

임대료 등

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

(d) did not pay the tea;

1) The Defendant entered into a felling contract with G and H on April 1, 2009, with G and H on the following terms and conditions. The Defendant explain to G and H that the ownership of standing timber under the lease contract concluded between the forest owner and the Defendant has been verified as to whether the forest site was verified, the conditions of permission for felling, and the description of the size of the area where the timber has been cut. G and H’s timber management began on April 10, 209, and end on June 30, 2009. The payment of KRW 110 million was transferred to the old designated by the Defendant. G and H on August 8, 2009; G were paid KRW 100,000,000,000,000 for standing timber as KRW 100,000,000,000 for the total amount of KRW 100,000,000 for the ground that natural disasters and force majeure occurred.

3) G and H did not comply with the terms and conditions of permission in the course of felling work. On April 30, 2009, G and H were not engaged in felling work, and on April 30, 2009, G and H concluded, without notifying the original Defendant of the terms and conditions of permission, a felling contract with the degree of 6cm to 30cm to 30cm from the chest fright within the area excluded from the felling permission zone, and ② illegal felling, such as active trees with a degree of 6cm to 46cm to the chest fright through 46cm within the forest exclusion zone, ③ They were not engaged in felling work any more as they were ordered to suspend felling work on the ground of illegal deforestation due to the construction of timber as a result of the deforestation without permission. (e) The completion of the litigation related thereto) G and H concluded a felling contract with the original Defendant without notifying of the terms and conditions of permission for felling, and thus, the contract was revoked for the reason of deception and compensation for damages.