beta
Text
1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the following amount ordered to pay.
Reasons
1. Basic facts
A. The Plaintiff, as a shareholder of the Plaintiff Company and the in-house director, was granted a cultivation right of F.W. 1,947 square meters (hereinafter “instant land”) owned by G, the Plaintiff’s representative director G, and the Plaintiff’s sales related person E, and cultivated beer and busheshes (hereinafter “instant crops”) on the instant land.
B. 1) From May 18, 2017 to carry on a vinyl farming on the instant land, the Defendant purchased the instant land in total at KRW 325,70,000 through the Plaintiff who represented C and E on May 18, 2016. On June 2, 2016, the Defendant completed the registration of transfer of ownership in the name of the Defendant’s wife with respect to the instant land and the said F land under the name of the Defendant with respect to the instant land. (b) The Plaintiff and the Defendant agreed to harvest the instant agricultural crops by May 18, 2016, while entering into a contract for the sales contract with respect to the instant land as of May 18, 2016, the Plaintiff and the Defendant agreed to collect the instant agricultural crops by December 2016.
C. On January 18, 2017, the Defendant arbitrarily removed the instant crops that had been planted on the instant land by the time, which had been mobilized by the digging season, and had been laid down on the instant land. However, even though the Defendant’s work was suspended due to the Plaintiff’s resistance, the Defendant all removed the instant crops, which had been resumed the removal work on January 19, 2017, and completed land standardization work.
(F) The Defendant’s removal of the instant crops on January 18, 2017 and January 19, 2017 (hereinafter “instant tort”). D.
On October 27, 2017, the Defendant received a summary order of KRW 1 million due to the criminal fact that removed the instant crops as seen earlier, as the Defendant’s removal of the instant crops on January 19, 2017.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 to 3, 6, 7, 9, 12, and Eul No. 1 to 1.