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(영문) 대전지방법원홍성지원 2016.10.27 2014가합1697
손해배상(기)
Text

1. The Defendant’s KRW 20,000,000 as well as 5% per annum from October 31, 2014 to October 27, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. D 1) On July 23, 2001, when the land of Boan-si (hereinafter “Ei”) owned by the Defendant is named from the Defendant, D is indicated only once index.

(2) Of F forest land, approximately KRW 20,000 square meters (divided into G forest land 72,041 square meters on January 7, 2003) and approximately KRW 30,000 square meters among H forest land (divided into 28,791 square meters of I forest land and J forest 107,88 square meters on January 7, 2003) were purchased. D and the Defendant purchased approximately KRW 50,00 square meters of K forest owned by the Defendant (hereinafter “K land”).

2) On November 25, 2002, L Co., Ltd. (hereinafter “L”) established L Co., Ltd. (hereinafter “L”) on November 25, 2002.

L completed the registration of ownership transfer on G, I, and J land on January 13, 2003, and obtained permission to collect earth and stones by meeting other requirements, including a written consent to use of K land received from the Defendant, and thereafter collecting earth and rocks on G, I, and J land using the attached drawing indication A and B access roads connected to K land (hereinafter “instant access roads”).

3) On December 15, 2002, L purchased 78,050 square meters of N forest in the vicinity of G, I, and J from M and completed the registration of ownership transfer, and upon obtaining permission to collect earth and rocks from the above land. (b) D purchased the above land from the Defendant on October 15, 2004 in order to collect earth and rocks from approximately KRW 50,000 square meters of F forest in the vicinity of the above land (O forest 1,54,438 square meters in April 10, 207; hereinafter “O land”).

2) Around June 2005, D filed a lawsuit against the Defendant for the registration of ownership transfer, etc. based on the above sales contract on the O land (The Daejeon District Court rendered a judgment dismissing D’s claim on November 24, 2006 on the ground that D’s failure to pay part payments, etc. and the Defendant’s declaration of intent to cancel the above sales contract was cancelled.

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