1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 17, 2005, the Plaintiff entered into an agreement with Defendant B to cultivate trees on each land listed in the separate sheet, which is owned by the Plaintiff (hereinafter “each land of this case”) and sell them after cultivating trees on each land listed in the separate sheet, which is owned by the Plaintiff (hereinafter “instant agreement”).

The details of the instant agreement are as follows.

1. Contract term: Five years from the contract date;

2.The above-mentioned seedlings 2,000 shares above (1,00 shares above, 1,000 shares below) shall be planted.

The costs, expenses, etc. for seeds and seedlings provided by the plaintiff and the defendant B shall be responsible for all the management, such as the protection and management of seedlings planted during the contract period.

3. The sale of planted trees shall be made by mutual agreement; and

Provided, That if the plaintiff requests after the expiration of the contract period, the defendant B shall transplant the case.

4. Where the change of ownership is anticipated during the term of the contract, Defendant B shall transplant seedlings and recover the land at the Plaintiff’s request;

(Provided, That it shall be notified before a month). 5. Distribution ratio of seedlings: The plaintiff has ownership of 1,000 shares.

In the event of the closure of seedlings due to poor management, the damage shall be the responsibility of Defendant B.

6. Other matters: the matters not covered by this Agreement shall be resolved by mutual agreement.

B. Defendant B planted trees on the instant land in accordance with the instant agreement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Plaintiff’s assertion Defendants arbitrarily set up an lane on the adjoining land of the instant land, without the Plaintiff’s permission, carried out trees without permission, and violated the instant agreement by arbitrarily harvesting and selling the room and acquiring the price in full. As such, the instant land was transferred to the Plaintiff. Of the sales proceeds of the said harvested trees, the Plaintiff’s land was transferred in proportion to KRW 80,00,000 according to the Plaintiff’s share 1/2 of the sales proceeds of the said harvested trees, and KRW 117,00,000 and the change of land form and quality.