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The judgment of the first instance shall be revoked.
The plaintiff's claim against the defendant is dismissed.
The plaintiff's total costs of litigation.
Reasons
On April 27, 2010, Defendant B sold approximately 430 percent (hereinafter collectively referred to as “instant pine trees”) of E and F ground to the Defendant and the joint Defendant C of the first instance trial (hereinafter collectively referred to as “Defendant, etc.”). On April 27, 2010, the joint Defendants of the first instance trial sold KRW 350,000,000 to the Plaintiff.
On April 28, 2010, the Defendant, etc. sold the instant pine trees at KRW 375 million to the Plaintiff (hereinafter “instant sales contract”), and agreed to determine whether to terminate the contract in cases where the removal of trees is legally and physically impossible due to the impossibility of authorization or permission necessary for the extraction and removal of the instant pine trees or the failure to obtain permission from the transit landowner.
The Plaintiff paid KRW 20 million to the Defendant, etc. the same day down payment, and KRW 300 million out of the remainder payment around June of the same year.
On June 16, 2010, the other party to the contract (the unit of money: Won) sold part of the instant pine trees to the landscaped companies listed below (hereinafter referred to as “a landscaped companies”) on June 16, 2010, on June 16, 2010, on June 16, 2010, in the amount of KRW 104,163,000,000,000,000 KRW 182,50,000,000,000 KRW 182,55,000,000,000 KRW 355,000,000,000 in the capacity of the other party to the contract.
B and C made on June 18, 2010 a letter to the Plaintiff that the Plaintiff will be held liable for all civil and criminal responsibilities in the event of a problem in the extraction, transportation, and removal of the instant pine trees.
The Plaintiff commenced to mine and remove the instant pine trees in accordance with the instant sales contract and supply them to landscaping companies. The same year from July 12, 2010 to the same year.
8.2. Until February, G, while inserting funds together with B, purchased and planted the instant pine trees, asserting that B independently disposed of them, thereby obstructing the extraction and removal of pine trees by blocking the passage of transportation of the instant pine trees from passing away.
G is the same.