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(영문) 대구지방법원상주지원 2016.09.29 2015가단3173
반출방해금지 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Nonparty D Co., Ltd. (hereinafter “D”) obtained permission to collect soil and stones from September 22, 2008 to December 31, 2017 with respect to Eri (hereinafter “Eri”) F, G, H, and I’s land (hereinafter “land subject to gathering”) at the time of resident residence on August 2008 and began collecting earth and rocks from the said land around that time.

B. 1) D on January 1, 2014, J (the representative director Plaintiff, hereinafter “J”) Co., Ltd. (hereinafter “J”).

B) As regards the land subject to collection, J had J gather earth and stone and produce aggregate, etc. from the land subject to collection, and the J concluded a contract for the production of earth and stone with the content of payment for production of aggregate. D subcontracted a significant portion of its work to Nonparty K. (2) On July 14, 2014, the J concluded a contract for the production of earth and stone, such as the development of oil source industry (hereinafter referred to as “development of oil source industry”) and the development of the limited partnership industry, with respect to the said land subject to collection.

C. (1) On February 2, 2015, D entered into a contract with the Defendant for the title “Agreement on the Management of Permission for Collection of Earth and Stone” (Entrustment) stating that “The Permission for Collection of Earth and Stone and the remaining quantity shall be entrusted to the Defendant.” (2) D shall be deemed as earth and stones, which were not produced after blasting, except for the seizure of the Ock ginseng among the clothes produced within the land subject to collection, among the clothes produced within the land subject to collection.”

) As to the Plaintiff, I have prepared and issued a written confirmation (hereinafter referred to as “instant confirmation”) stating that “I will delegate all the rights to the Plaintiff.”

D On January 19, 2016, a summary order of KRW 4 million was issued on the grounds of criminal facts, such as “The representative L has collected soil and rocks, etc. from around February 2, 2009 and from around June 2009 to February 2010 at approximately 13,633 square meters in a place other than the permitted area.”

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