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(영문) 창원지방법원진주지원 2016.05.13 2014가단32416
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) entered into an agreement on May 7, 2014 with respect to 1/2 of the value of 1,150 square meters out of D forest land 1,150 square meters in Dong-dong, Chungcheongnam-gun, Seoul.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

(a) Status 1) The counterclaim Defendant is to enter only the parcel number when specifying the land located in the Friri-gun, Ha-dong, Ha-dong, Ha-dong (hereinafter referred to as the “Ha-dong, Ha-dong”);

2) The Plaintiff is the owner of the instant forest and land E and D forest and land 1,150 square meters (hereinafter “instant forest and land”).

2) On each ground, the building on the ground (hereinafter “instant building”) such as the legal watch, etc. installed as shown in the separate drawings No. 2

(2) The Defendant and G jointly won 152,132 square meters of H forest before the subdivision on March 21, 2013. On January 8, 2014, the said forest land was divided and registered under the name of G, and the first forest before subdivision was registered under the name of the Defendant.

On April 4, 2014, the Defendant divided I forest land into 30,703 square meters of I forest land and J forest land into 5,280 square meters.

3) The Plaintiff and G are co-owners who completed the registration of ownership transfer as of December 31, 2013 with respect to shares of 1/2 of the instant forest land by Changwon District Court (Hawon District Court Hadong Branch Office) No. 21567. B. The Plaintiff and G are co-owners who completed the registration of ownership transfer as to shares of 1/2 of the instant forest land. The Defendant was granted permission to extract 90 g trees from I forest land by setting the term of validity from April 22, 2014 to May 21, 2014.

2) Around April 20, 2014, the Defendant: (a) destroyed the valley of valleys created by the Plaintiff in the process of converting the instant forest into a road for the removal of pine trees; and (b) resisted by the Plaintiff; (c) around May 4, 2014, the Plaintiff installed K rolling stock on the road for the removal of pine trees; and (c) on May 7, 2014, the Defendant agreed with the Plaintiff as shown in attached Table 3.

(4) After the conclusion of the instant agreement, the Plaintiff did not interfere with the Defendant’s removal of pine trees. However, the Defendant could not use the way of passage by the order for restoration to the original state of the subordinate forces. On June 26, 2014, the Plaintiff filed a complaint with the subordinate police station as a forest damage, etc. (a dispute without any ground for recognition, the purport of the entire pleadings, and the purport of the entire pleadings).

(c)in this case;

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