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(영문) 광주지방법원 2015.12.17 2015가합597
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant as the parties is an executor who was engaged in D development projects from around 2007 to around 2014 in Gwangju Mine District B and the plaintiff is a person who conducts landscaping projects in the F of Gwangju Mine District and 10 lots, which are included in the above development project area E (hereinafter “instant land”).

B. On April 24, 2007, the Plaintiff entered into a partnership agreement (hereinafter “instant partnership agreement”) with E and the instant land for the division of duties and the distribution of profit by planting landscape trees on the land as follows.

Article 1 (Apportionment of Duties) E shall be responsible for and leased to the land of this case, and shall be responsible for the management of landscape trees, such as spraying of landscape trees and water cycles.

The plaintiff plant landscaped trees on the land of this case at the plaintiff's expense.

Article 2 (Obligation to Distribution Profits) E and the Plaintiff shall distribute all profits (compensations, transplant costs, etc.) from landscaping trees to 1/2, respectively, and the landscape trees transplanted therefrom shall revert to the Plaintiff.

C. On the land of this case, the Plaintiff and E was in a state of planting landscape trees, and the Defendant was in a state of planting trees on the land of this case from around 2010 to create D. The trees planted on the land of this case (hereinafter “the trees of this case”).

As to the compensation procedure, E had obtained the Plaintiff’s consent and received compensation from the Defendant in his wife G name, and G submitted the documents that the Defendant was the owner of the trees of this case in the compensation procedure.

3) The Defendant confirmed that E is the actual owner of the instant trees through documents submitted by E and on-site investigations, and negotiated negotiations on the transplant and acquisition costs of the instant trees, but decided that E will only be G in the name of the recipient of the compensation. 4) The Defendant, on June 27, 2012, did not receive the compensation on the ground that E has less the amount of compensation for the instant trees, designating G as the depositee on June 27, 2012.

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