beta
(영문) 전주지방법원 2016.10.19 2015가단24654

보관금 등 반환

Text

1. The Defendant’s KRW 16,240,00 for the Plaintiff and KRW 5% per annum from August 11, 2015 to October 19, 2016.

Reasons

1. Facts of recognition;

A. The plaintiff is a timber business entity running C. The defendant is a licensed real estate agent operating the D Licensed Real Estate Agent Office (hereinafter "Licensed Real Estate Agent Office of this case"), and E is engaged in timber business with the plaintiff's birth.

B. 1) On October 2013, E representing the Plaintiff: (a) around the end of October, 2013, upon the introduction of the Defendant and F, on one parcel, other than H 63,769 square meters and one lot (hereinafter the above forests and fields collectively referred to as “the instant forest land 1”; and (b)

(I) Ground standing timber and school foundation I (hereinafter “I”)

35,251 square meters and one parcel, which is owned by the owner, (hereinafter collectively referred to as “the instant 2 forest”).

(2) On November 18, 2013, E decided to purchase above ground standing timber: (a) at the real estate agent office of this case, E paid KRW 10 million in cash to the Defendant at the real estate agent office of this case as the price for standing timber on the ground of the instant forest land No. 1; (b) the Defendant issued a receipt (Evidence 1-1) to the issuer that “the Defendant received KRW 10 million as the price for timber on November 18, 2013 as the price for the instant forest land No. 1; and (c) issued a letter of delegation attached by G in order to file an application for permission for felling standing timber.

3) On December 8, 2013, the Plaintiff remitted KRW 13.2 million to the Defendant’s account in the name of the Defendant with the price of standing timber on the ground of the instant forest No. 2, and E received KRW 13.2 million from the Defendant on December 8, 2013 as the issuer (Evidence A-2) and the power of delegation in the name of the Defendant, stating that “E received KRW 13.2 million from the Defendant as the price of timber on the instant forest No. 2,” and the Defendant paid KRW 5 million to I as the price of standing timber. (c) The Plaintiff was unable to perform the instant sales contract; however, on December 10, 2013, the Plaintiff applied for authorization for the forest management plan on the said forest under the name of G at Jung-Eup, but failed to obtain authorization for the said forest management plan from Jung-Eup on December 27, 2013 due to the vulnerability of the said forest, etc.

2 The defendant shall be on July 2014.