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(영문) 대전지방법원 2019.08.22 2018가단206100
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who conducts landscaping business, etc. under the trade name of “C”.

D The farming association corporation (hereinafter "the corporation of this case") is a corporation that operates the farming, fishery, or livestock industry, and the defendant is the representative director of the corporation of this case.

B. Around May 2010, the Plaintiff and the instant corporation entered into a contract for growing standing timber (hereinafter “instant contract”) including the Plaintiff’s planting of standing timber on various land, such as planting 300 mix trees on the Daejeon Seo-gu E (hereinafter “instant land”) that was owned by the instant corporation, and the said contract contains the following:

- The “B” (hereinafter referred to as the “Plaintiff”)’s real estate in the above “A” (hereinafter referred to as the “instant legal entity”) refers to the distribution of expenses for transplantation of standing timber in the event of cultivation of landscape trees and other standing timber, maintenance of cultivation by the time of dissolution of “A” and compensation for development of real estate and public projects in the second phase of the Seocho-west side of the Nam-west, by the time of dissolution of “B” and “B”, and the subject of any compensation shall be “A” and the subsequent standing timber shall be owned by “B”.

- All seedlings and all kinds of cultivation expenses necessary for cultivation shall be borne by “B”, “B” shall not require “A” to compensate for and compensate for losses incurred during the cultivation period, “B” shall refer to the sale of standing timber in the name of “A” and shall comply with the obligation to notify and report the cultivation process.

- The amount of standing timber, amount, personnel expenses, etc. of “B” are investments in “B”’s “B,” and the supply value shall be subject to borrowing and processing, and the “A” and “B” shall be allocated from the compensation amount for obstacles at the time of compensation and shall not raise any objection.

C. Pursuant to the instant contract, the Plaintiff planted 300 kump trees on the ground of the instant land.

Since then, on February 1, 2012, the corporation of this case is related to the Seongbuk-gu and the land of this case in Daejeon Metropolitan City.

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