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(영문) 수원지방법원 2017.10.25 2016가단554637
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 201, the Plaintiff left the Defendant with the management of the forest land in the Jeonbuk-gun, the Jeonbuk-gun, which is owned by the clan (hereinafter “the forest of this case”) and the night tree planted on the ground.

B. On January 14, 2014, the Plaintiff leased the instant forest land from a clan during the lease period from December 30, 2013 to December 30, 2023.

C. On April 2014, the Plaintiff concluded a sublease contract with the Defendant on the instant forest land.

(hereinafter referred to as the “sublet contract of this case”).

According to the instant sub-lease contract, the period of sub-lease is from December 30, 2013 to December 30, 2023. The Defendant, with the consent of the Plaintiff, fells down the night trees, selected and planted trees mainly, and the Defendant has the full right to use and profit from the forest during the period of sub-lease, and the Defendant has the full right to use and profit from the forest in lieu of the tea, faithfully performs the description and the three minutes of the tree in good faith every year, and the Plaintiff is the Plaintiff, and the Plaintiff is trying to have the contract period of 15 years after consultation with the clan, and the ownership and profit from the use of the tree will have the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence 2, 12, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion on April 2014, the Defendant arbitrarily cut approximately 20 - 30 years of night trees, which were planted in the instant forest.

Accordingly, the plaintiff, as the plaintiff mentioned in paragraph (1), cut down the night tree for planting tree, and the plaintiff understood this, signed the sub-lease contract with the defendant, and accepted the management of the forest of this case.

However, without the plaintiff's consent, the defendant unilaterally did not implement the contract after planting one-year night tree instead of each tree, stating his intention to waive the sub-lease contract of this case.

Accordingly, the plaintiff is about KRW 50 million or night tree farmer equivalent to the value of KRW 10,000,000, which was arbitrarily cut by the defendant.

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