1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The court's explanation of this case is as stated in the reasoning of the judgment of the first instance, except for the following addition among the grounds of the judgment of the first instance. Thus, this case is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The addition to the portion of the first instance court’s decision, No. 4, 15, asserts that the judgment is null and void, followed by the following addition:

The term "medical intention in the expression of intention not to be a medical doctor" refers to the idea of the voter who intends to express a specific content, and it does not mean the matter in the genuine mind. Thus, even if the speaker does not appear in the genuine mind of the contents of his/her expression of intention, it cannot be deemed as the expression of intention, not a medical doctor lacking the intention of internal effect (see, e.g., Supreme Court Decision 2002Da11458, Mar. 25, 2003). If a certain expression of intention is asserted as null and void as an bad declaration of intention, the burden of proof is added to the claimant under the third sentence under the third sentence of the first instance judgment (see Supreme Court Decision 92Da2295, May 22, 1992).

Even though text messages demanding the Plaintiff to transfer trees over several occasions from the time the consent of this case was expressed to the point of time before the Defendant cut down the trees of this case, the Plaintiff did not directly inform the Defendant of its own intention or plan for the treatment of trees, such as intending to transfer the trees of this case, and there was no wish to withdraw the consent of this case.”

3. In conclusion, the judgment of the first instance is legitimate, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.