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Reasons
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(영문) 제주지방법원 2016.12.01 2016가합277
손해배상(기)
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1. Defendant B and E jointly share with the Plaintiff KRW 6,5160,000 and Defendant B with respect thereto from May 13, 2016, and Defendant E.

Reasons

1. Facts of recognition;

A. Upon the recommendation of Defendant B and E, the Plaintiff purchased lots of G forest land 1,032 square meters and four lots of land (hereinafter “instant land”) from Defendant B and C in Seocho-si, Seopopopoposi, and completed the civil engineering work, sold the proceeds from the sale again, and distributed the proceeds from the sale, and the Plaintiff agreed to perform the civil engineering work.

In the process of agreement, Defendant B and E agreed on the disposition of trees on the land of this case with H, who is the owner of trees on the land of this case, paid KRW 35 million to H as agreed amount and paid KRW 30 million in the future.

B. Accordingly, the Plaintiff, Defendant B, C, and F concluded a sales contract on the instant land on November 24, 201, and the Plaintiff paid KRW 251,504,000 out of the sales price to Defendant F.

C. On November 25, 201, 201, Defendant B and the Plaintiff issued to the Plaintiff a written contract for the construction period from December 20, 201 to May 31, 2012, with respect to the civil engineering works of the instant land with Defendant B, the Plaintiff operated by the Plaintiff (hereinafter “I”), with the effect that “the trees and other trees, etc. planted in the instant real estate shall be collected by the respective owners until December 10, 201, and if not collected within the prescribed period, the ownership shall be lost, and if not collected within the prescribed period, the Plaintiff B and the Plaintiff issued a written waiver of superficies signed and sealed by C, with the signature and seal of the Plaintiff.”

After December 22, 2011, Defendant B agreed on the disposition of tree owners H and tree on the instant land, and issued a written confirmation and work instruction to request the Plaintiff to carry out civil engineering works as soon as possible. D.

H around February 2012, in the course of the Plaintiff’s work, it was difficult for the Plaintiff to issue a warning on the damage to trees on the instant land.

The plaintiff asked the defendant B about this, and the defendant B made February 16, 2012.

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