(영문) 전주지방법원 2018.10.17 2018가단5302

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(영문) 전주지방법원 2018.10.17 2018가단5302

임야인도 등

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1. The Defendant: (a) collects planting trees in the area of 3,702 square meters of forest land in Jeonbuk-gun, Jeonbuk-gun, and (b) collects them.

Reasons

1. Determination on both arguments

A. On November 1, 2016, among the forests (hereinafter referred to as “the forest of this case”) emitted under paragraph (1) of the order from November 1, 2016, the share transfer registration was completed in the Plaintiff’s future with respect to shares of 3,402/3,702 among the forests (hereinafter referred to as “the forest of this case”) and the fact that the Defendant has been growing in the forest of this case from that time to that time and continues to grow in the forest of this case, there is no dispute between the parties, and according to the result of the court’s entrustment of rent appraisal with respect to the President of the North Korea Branch of the Appraisal Corporation of the Certified Public Appraisal Corporation of the Korea Stock Exchange, the 3,402/3,702 shares among the forest of this case may be recognized as being KRW 1,06,000 each year. Thus, the Defendant, barring any special circumstance, collected all the tree of this case within the forest of this case, and transferred the forest of this case to the Plaintiff, and returned the forest of this case from 10 to June 6, each year.

B. As to this, the defendant (1) the conditional lease contract between the defendant and the plaintiff on the forest of this case was implicitly renewed during that period, and its lease contract period has not yet yet been terminated. (2) In order to collect pine trees in the forest of this case, the permission of the administrative agency is required, and the defendant alone cannot collect pine trees lawfully, unless the plaintiff's consent is obtained. Thus, although the plaintiff's each claim of this case is disputed to be unfair, it is not sufficient to recognize the first argument that the defendant's internal claim is correct, and there is no other evidence to acknowledge this, and the defendant's internal claim cannot be a justifiable ground to block the plaintiff's claim in the civil trial procedure. Thus, the defendant's internal claim is not acceptable.

2. Conclusion.

유사 판례

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