1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

1. Basic facts

A. The Korea Rail Network Authority is a concessionaire of a railroad construction project between D (hereinafter “instant project”) and B (hereinafter “B”) is a contractor who has ordered the said project.

B. As the instant project implementer, the Korea Rail Network Authority, which is the Plaintiff’s owner, shall consult with the Plaintiff on the acquisition of 88 square meters of forest E, F forest and forest, 54 square meters of G field, 1 square meters of G field, and H 1,060 square meters of land (hereinafter collectively referred to as “instant land”), and entered into a sales contract on November 3, 2014, and completed the registration of ownership transfer in the future of the Republic of Korea around that time.

C. On January 26, 2015, the Plaintiff sold the pine trees on the instant land (hereinafter “instant pine trees”) at KRW 12 million to I.D.

On March 4, 2015, the Company B sent to the Plaintiff a content-certified mail stating that the Plaintiff shall complete the instant pine trees treatment, and around that time, the said mail reached the Plaintiff.

E. The Plaintiff sought to excavate the instant pine trees around that time, but it could not be extracted due to the discovery and investigation of cultural heritage regarding the said land.

Accordingly, when the Plaintiff asked the company B at any time whether the instant pine trees can be extracted, the staff-in-charge of the company B told the Plaintiff to contact the Plaintiff on March 17, 2015 so that the instant pine trees can be extracted upon completion of the excavation investigation.

F. On September 3, 2015, the Company B was decided to commence rehabilitation procedures by Seoul Central District Court 2015 Gohap1025, and C, the representative director of the Company B, was deemed a custodian.

G. On September 14, 2015, the employees of Company B commenced the construction for the implementation of the said project without any separate contact with the Plaintiff, and began to cut the instant pine trees, and even though the Plaintiff discovered it and prevented the act of cutting trees, the instant pine trees were cut all at around that time.

【Ground of recognition】 There is no dispute, Gap No. 1.