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(영문) 창원지방법원 2019.01.31 2016나56025
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The forest land of this case (hereinafter “the forest land of this case”) is the forest land owned by C in 50248/50579 shares and D in 331/50579 shares.

B. As C’s ASEAN, the Defendant managing the instant forest land applied for a “private forest afforestation project” in December 2013 with a view to cutting down pine trees in the instant forest and planting economic vain trees,” and on April 1, 2014, Gohapcheon-gun left 50 copies of the existing trees (pine trees) on the instant forest land and approved a forest management plan (hereinafter “instant afforestation project”) with a view to planting vain trees 11,700.

C. On April 2, 2014, the Defendant: (a) delegated the Plaintiff with the opening of the instant forest land and the planting of vain tree in accordance with the instant afforestation project; and (b) entered into a contract with the Plaintiff on the acquisition of pine trees cut down in return for the said project by bearing all the expenses incurred in opening and taking out the existing pine trees (hereinafter “the primary contract”).

On April 4, 2014, the Plaintiff entered into a contract with the Gohap-gun Forestry Cooperatives (hereinafter “the second contract”) under which the Plaintiff entrusted the business of cutting, removing, and disposing of pine trees of the instant forest to the Gohap-gun Forestry Cooperatives, and acquired pine trees cut in return for the aforementioned business expenses (hereinafter “the second contract”).

E. From April 8, 2014, the Gohap-gun Forestry Cooperatives reforested pine trees of the instant forest.

F. On April 20, 2014, the Defendant cut out all trees from the Plaintiff’s side to the large number of trees that the Defendant decided not to cut originally, unlike the initial agreement, and caused a problem.

'' filed a civil petition with the content of the petition.

around April 25, 2014, the National Forestry Cooperatives Association of Gohap-gun intended to remove pine trees planted in the forest of this case from the forest of this case, but it failed to remove them due to the defendant's continued civil petition.

(g) pine trees;

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