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1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of lawsuit;
Reasons
Basic Facts
The Plaintiff, a shareholder of the Plaintiff, has been granted a cultivation right to FY 1,947 square meters owned by the Plaintiff, the Plaintiff’s shareholder, as well as D 1,418 square meters, and to FY 1,947 square meters owned by the Plaintiff’s representative director (hereinafter “each of the instant lands”), and cultivated beer and busheshes on each of the instant lands.
From May 18, 2017, the Defendant decided to purchase each of the instant land from the Plaintiff who represented C and E in order to carry on a plastic farming in the instant land from May 18, 2016 to purchase the purchase price of KRW 325,700,000.
At the time, in consideration of the circumstances surrounding the Defendant’s purchase of land, the Plaintiff harvested the beer and usheshes on the land of this case by the end of December 2016.
However, the Plaintiff did not harvest the beer of the instant beer and shesheshesheshes, and the Defendant arbitrarily removed the beer and shesheshesheshes on the instant land (hereinafter “the instant crops”) from all of the beer and shesheshes on the instant land during January 2017, and completed land flating operations for the construction of a vinyl house.
[Ground of recognition] In the event that there is no dispute, Gap's evidence Nos. 1 through 3, Eul's evidence Nos. 1 through 3, and the plaintiff's claim for the purport of the whole pleadings, the defendant discussed the issue of harvest of the crops of this case in consultation with the plaintiff, and the defendant voluntarily removed the said crops.
Therefore, the defendant should compensate for damages equivalent to KRW 14,363,00, which is the profit that the plaintiff could have earned if he had harvested crops normally.
Judgment
As seen earlier, the Plaintiff was well aware of the Defendant’s purchase of land from around 2017 to the instant land in order to operate a vinyl farming business, and the Plaintiff agreed to harvest all of the instant crops until December 2017. Nevertheless, it is recognized that the Plaintiff did not harvest all of the said crops until December 2017, respectively.