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(영문) 의정부지방법원 고양지원 2018.05.02 2017가단83627
토지인도 등
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is 150 million won against the defendant (Counterclaim plaintiff).

Reasons

1. Basic facts

A. On May 28, 2003, the Plaintiff acquired ownership of 21,546 square meters of land C in Gyeyang-gu, Seoyang-gu (hereinafter “the instant forest”) and on December 3, 2003, the share of 164/22,051 among them was transferred to D.

B. On February 16, 2015, the Defendant obtained permission to fell 48 parts of bamboo trees (Gag, etc.) located on 9,775 square meters (hereinafter “instant land”) among the instant forest land on behalf of the Plaintiff (hereinafter “instant land”).

C. On March 28, 2015, the Plaintiff entered into a consulting contract with the Defendant with respect to the instant forest (hereinafter “instant contract”) and paid 50 million won down payment to the Defendant on that day.

1. Name: Renewal of species of trees, deforestation of forest trees and development of their own land;

2. Area: The area to be incorporated into the E site is 1,771 square meters (3,566 square meters) out of 21,546 square meters (6,529 square meters) and the area to be formed into the E site is 9,775 square meters (2,962 square meters, and the area of the instant land).

3. Of the instant forest land, a land owner A (Plaintiff) is referred to as “A” and a consulting service provider B (Defendant) is referred to as “B,” in order to create the felling of forest trees on the ground of 9,775 square meters of land for which felling permission is granted, the renewal of the species of trees, and the “electric field,” among the instant forest land.

4. The forest land of this case is the green belt area with strict legal authorization and permission, and the forest land of this case is created before obtaining permission for the renewal of the species after obtaining permission for the renewal of the species, and Eul shall be delegated and enforced.

(2) The act of creating the current status after the permission for the cutting of standing trees is granted.

6. The scope of the project. ① The works within the scope of the project. ② the works for the construction of the primary high-class timber (g) and the works for the construction of the entire area of the secondary timber.

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