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(영문) 수원지방법원여주지원 2020.12.10 2020가단54499
부당이득금
Text

The plaintiffs' claims against the defendants are dismissed in entirety.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. Around July 2018, the Plaintiffs and the Defendants, each of whom owned shares of 1/5 on the land of 32,132 square meters of F forest land in Gyeyang-gun in Gyeonggi-gu (hereinafter “instant land”) and G forest land of 51,074 square meters (hereinafter “instant land”) and 51,074 square meters of forest land, respectively, drafted a written consent for forest timbering (hereinafter “written consent for the instant timbering”) stating that “The Plaintiffs and the Defendants shall agree to use the instant land Nos. 1 and 2 in afforestation, growing, and growing forest crops.”

In addition, around July 2018, the Plaintiffs and Defendant E set up a written consent to the use of land (forest) with the content that “Defendant D consents to the use of the land Nos. 1 and 2 for the purpose of planting forest crops, such as mountain products, medicinal herbss, lost trees, etc.” (hereinafter “written consent to the use of land in this case”).

B. Around October 2018, Defendant D entered into a sales contract with the Plaintiffs and Defendant E to purchase each of the co-ownership shares of the Plaintiffs and Defendant E in the land Nos. 1 and 2 of this case at KRW 50 million.

C. Defendant D had H L perform the logging work on part of each of the instant lands from October 2018 to February 2019, and H sold trees through such logging work, and appropriated the price for which the cost was calculated with labor cost, equipment cost, etc.

The Defendants established a passage along the land Nos. 1 and 2, the franchise store. D.

The Defendants filed a lawsuit against the Plaintiffs regarding the partition of co-owned property as Suwon District Court Branch Branch 2019Kadan516, and the above court rendered a judgment on April 28, 2020 that “The instant land No. 1 is co-ownership with the Defendants’ respective shares of 1/2, and the instant land No. 2 is co-ownership with each of 1/3 shares of the Plaintiffs,” respectively.

The Plaintiffs filed an appeal as the Suwon District Court 2020Na67292 against the above judgment.

Grounds for recognition:

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