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(영문) 창원지방법원 2017.05.31 2016나53651
손해배상(기)
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the counterclaim claims added by this court are dismissed.

2. Appeal;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The party to the dispute 1) The counterclaim Defendant shall enter only the parcel number when specifying the Frigin land located in the Ha-dong, Ha-dong, Ha-dong, Ha-dong (hereinafter referred to as the “Ha-dong, Ha-dong”);

(1) The Plaintiff is the owner of land E and D forest (hereinafter “instant forest”).

2) On each ground, the building on the ground (hereinafter “instant building”) such as the legal watch installed as a drawing indicating the attached drawing Nos. 2

(2) The Defendant and G jointly purchased H forest land before the division on March 21, 2013 through the auction procedure. On January 8, 2014, the said forest land was divided and registered under the name of H in the name of G, and the first forest before the division was registered under the name of the Defendant.

After that, on April 4, 2014, the Defendant re-divided the first forest before subdivision into the I forest and J forest.

3) Defendant 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 (hereinafter “instant forest”) by Changwon District Court (Seoul District Court Branch) No. 21567, Dec. 31, 2013. B) The Defendant set the term of validity from the Hadong Gun on April 22, 2014 to May 21, 2014, and obtained permission to extract 90 g trees from I forest land during that period.

2) After obtaining the above permission, the Defendant set up a road for transporting pine trees in the instant forest, and during that process, the Plaintiff resisted to the Defendant on May 4, 2014. (3) The Plaintiff set up a K vehicle on the said road around May 4, 2014, and the Defendant concluded an agreement with the Plaintiff on May 7, 2014 on the condition that the Plaintiff and the Defendant used part of the instant forest owned by the Defendant as a road (hereinafter “instant road”) on May 30, 2014, on the condition that the Plaintiff and the Defendant would transfer part of the instant forest owned by the Defendant to the Plaintiff by May 30, 2014.

(hereinafter referred to as “instant agreement”). C.

The present state of the forest land of this case and the building of this case, among the forest land of this case, is a contribution to the building of this case and the building of this case.

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