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(영문) 춘천지방법원강릉지원 2014.12.23 2014나298
물품대금
Text

1. Of the parts concerning the principal lawsuit in the judgment of the court of first instance, the following additional payments shall be ordered:

Reasons

1. Basic facts

A. On December 26, 2008, C filed an application for permission for conversion of a mountainous district for the purpose of constructing a multi-family house with respect to 9,789 square meters among 38,876 square meters of land B in Gangseo-si, Gangnam-si (hereinafter “instant forest”). On January 31, 2009, C obtained permission for conversion of a mountainous district for the purpose of constructing a multi-family house from Gangseo-si to December 31, 2010. The Plaintiff purchased the instant forest from Gangnam-si on December 9, 2009, and obtained permission for conversion of a mountainous district from Gangnam-si to the effect that the Plaintiff is a person who is permitted to convert a mountainous district on March 23, 2010.

B. On April 7, 2010, the Plaintiff, a landscaping business entity, sold pine trees within the forest of this case, for KRW 330 million, which was permitted to convert the forest of this case, to the Defendant, but was responsible for the Plaintiff’s administrative procedures for the removal of pine trees and for extracting and cutting pine trees.

(hereinafter referred to as “instant sales contract”). (c)

Accordingly, in order to extract pine trees from the forest of this case, the Plaintiff prepared a road and a road connected to the forest of this case. Following all administrative procedures, most of pine trees extracted from April 201 to October 201, which led the Defendant to take out a considerable amount of pine trees extracted from the forest of this case. Meanwhile, the Defendant paid KRW 243 million out of the purchase price to the Plaintiff.

On March 201, the Plaintiff closed a waterway connecting the instant forest and the instant road by restoring the waterway upon receiving an order to perform flood prevention restoration works from Gangseo-si.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence No. 10-1 to 58, Evidence No. 10-1 to 58, Testimony of Witness G of the first instance court, witness H of the first instance court and witness E of the first instance court, the results of the on-site inspection of the first instance court and the first instance court, the fact inquiry results on the Gangnam market, the purport of the whole

2. The parties' assertion

A. The Plaintiff’s assertion that the Defendant carried out most of the pine trees in the instant forest by extracting all the pine trees in the instant forest and bringing them out of Korea. Therefore, the Plaintiff’s purchase and sale remainder amounting to KRW 87 million (= KRW 30 million - KRW 243 billion).

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