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(영문) 부산지방법원동부지원 2017.05.25 2016가단208756

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a person who works for the management of a golf course in Gyeong-nam-gun D operated by C Co., Ltd.

B. On 209, the Defendant, at the direction of G, one of the co-owners of the first C Co., Ltd. F and one other parcel (hereinafter “the instant forest”), allowed Nonparty H to file an application for a project operator of the functional tree model cultivation project in the name of the Defendant with the Gohapcheon-gun, Chungcheongnam-gun.

C. The forest land of this case is jointly owned by C Co., Ltd. and G and I. H received written consent from co-owners of the forest land of this case, including G, from January 1, 2009 to January 2, 201, and submitted an application for the model cultivation of functional universal trees to Gohap-gun in the Defendant’s name, and was selected as the second business person on March 2, 2009.

The defendant selected as a project target and delivered the subsidy of KRW 10,125,000 to H.

E. After being selected as the subject of the project, 2,500 glue trees were planted in the forest of this case (hereinafter “instant universal tree”).

F. The rehabilitation procedure began with respect to C Co., Ltd., and J, a joint manager, did not manage the trees planted in the forest of this case. A person wishing to rent the forest of this case, and ordered the Defendant to adjust the instant trees.

G. From December 2, 2014 to February 2, 2015, the Defendant urged H to dispose of the instant universal tree by telephone several times, but did not respond only to the purport that there was a person separately managed by H, and that there was a change in time, the Defendant already intended to use the instant universal tree, and presented a copy of the written consent to use the land to H, and then required a new lessee to remove the instant universal tree on or around March 2015.

[Reasons for Recognition] Unstrifed Facts, entry (including serial numbers) in the evidence Nos. 1, 2, 5, 6, 12, and 13, and images and arguments in the evidence No. 10.