소나무인도 및 소유권확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be acknowledged in full view of the respective descriptions of Gap evidence Nos. 2, 3, 5 through 9, Eul evidence Nos. 6, 7, 10, and 12 (including each branch number if there are serial numbers) and the overall purport of the pleading and video.
The plaintiff is a landscaping business operator operating D', and the defendant is a company operating real estate development business, etc.
B. On February 18, 2014, the Defendant entered into a sales contract with F, the representative director of E farming association, that the Defendant sells 20 million won of pine trees planted on the ground of G 1650 square meters of forest land in Sejong Special Self-Governing City (a contract amount of KRW 3 million and the balance of KRW 5 million) to the said E farming association (hereinafter “first sales contract”).
C. On February 19, 2014, the said E farming association entered into a sales contract with H that the E farming association sells 20 million won of the said pine trees to H as the price of KRW 10 million (a contract deposit of KRW 3 million and the balance of KRW 7 million) (hereinafter “the second sales contract”), and received KRW 3 million of the down payment from H on the same day.
On February 28, 2014, the Plaintiff entered into a sales contract with H to purchase KRW 20 million for KRW 11 million (hereinafter “third sales contract”) with H, and on the same day, paid KRW 3 million out of the said price to H.
E. At around 14:30 on February 28, 2014, F agreed with H to cancel the first sales contract, and thus, the second sales contract was terminated, and it said that H would return the amount of the down payment it received. However, H already refused to receive double the down payment on the ground that H had already decided to sell the said pine trees to the Plaintiff.
F. On February 28, 2014, around 15:00, the Plaintiff remitted the remainder of the third sales contract to H KRW 8 million, and H transferred the remainder of KRW 7 million to F on the same day at around 16:00 on the same day.
G. On March 1, 2014, the Plaintiff commenced extracting pine trees purchased from H on March 1, 201, and received a claim from F for the said extracting.