(영문) 부산지방법원 2015.01.08 2014가합7448

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(영문) 부산지방법원 2015.01.08 2014가합7448

손해배상(기)

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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 and D jointly owned 81,982 7,273 square meters of C forest land in Kimhae-si (hereinafter “the instant forest”). On May 5, 2005, the Plaintiff and D entered into an agreement between the Defendant and the Defendant to transfer 17,779 square meters (5,773/89,255) and 700 square meters (2,314/89,2555) among the said forest land to each Defendant.

B. Under the above agreement, the defendant opened a road on the forest of this case, and received on May 30, 2005 the registration of ownership transfer for 61,087/89,225 shares of the forest of this case from the plaintiff and D.

C. After that, on May 30, 2006, the Plaintiff, D, and the Defendant established a sectional ownership relation with the instant forest on May 30, 2006, and again, the Defendant acquired a permit for felling forest trees on the instant forest, set up a farm road of 5 meters wide from the surface of the said land to the extent of 9 meters, and planted the Gun-gun after felling forest, but at the expense of the Defendant, the Plaintiff transferred 200 of the 7,000 forest owned by the Plaintiff, and D agreed to pay KRW 6 million (hereinafter “instant agreement”).

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5 (including branch numbers), and the purport of the whole pleadings

2. In addition to the opening of access roads to the instant forest in accordance with the instant agreement, the Defendant asserted that the Defendant obtained permission for felling forest trees in order to create a future arable land, cut the relevant forest land, and planted the Gun-gun. Despite the obligation to open the existing farm road as a farming road with a width of 9m wide without a sudden slope, the Defendant arbitrarily sold 15,598/89,225 shares of the Defendant’s shares in the instant forest in the total amount of KRW 515,00,000,000, out of the purchase price, to a third party.

The Plaintiff entered into this case’s agreement by serving a duplicate of the complaint of this case.

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