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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. On May 9, 2002, the Plaintiff leased 1623 square meters (hereinafter “instant land”) for the purpose of subdivision and landscape trees, lease deposit amounting to KRW 10 million per annum, KRW 3.5 million per annum, and the period from July 1, 2002 to KRW 36 months, the Plaintiff installed a vinyl house on the instant land, and cultivated trees, etc. while he was trying to sell the instant land to the Defendant, the Plaintiff was demanded from Nonparty C to transfer the landscape trees, etc. and to transfer the instant land to another area on May 9, 2007, and prepared a letter of performance that “the Plaintiff will transfer all trees planted on March 30, 2008 to its original state.”
B. On August 1, 2008, the Defendant purchased 1145/1623 shares of the instant land from C, etc., and completed the registration of ownership transfer on August 27, 2008. On December 11, 2009, the Plaintiff filed a lawsuit against the Defendant for seeking the collection of trees and delivery of land on the instant land as Busan District Court Decision 2009Da146236, Dec. 11, 2009. On May 25, 2010, the Defendant (the Plaintiff of this case) collected trees planted on the instant land from the Plaintiff (the Plaintiff of this case) by April 30, 2013, and transferred the land to the Plaintiff.
When the defendant delivers the above land, he/she may not exercise the right to claim the purchase of trees planted on the above land against the plaintiff, and if the defendant fails to perform it at his/her discretion, the plaintiff may arbitrarily dispose of the structures and trees.
The conciliation was concluded with the content of "."
C. The Defendant filed an application for a substitute execution with the Plaintiff to Busan District Court E on June 11, 2013 pursuant to the protocol of mediation, in order that the Plaintiff did not perform his/her duty following the above conciliation, and completed the procedure of compulsory execution on December 3, 2013 by the execution officer affiliated with the Changwon District Court on December 3, 2013.
[Reasons for Recognition] There is no dispute;