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(영문) 서울고등법원 (춘천) 2017.04.26 2016나1743
수목반환 청구의 소
Text

1. Revocation of the first instance judgment.

2. The defendant is planted to the plaintiff on the 1,732 square meters prior to Gangseo-si, Gangnam-si.

Reasons

1. Determination as to the cause of claim

A. In fact, the Plaintiff: (a) leased the Plaintiff’s land lease and pine tree planting A) from K for three years of rent 12 million won, from April 8, 2010 to April 8, 2013; and (b) thereafter, extended the said lease period from April 9, 2013 to April 8, 2016.

B) On August 201, H: (a) around 201, the Plaintiff applied for the verification of the production of pine trees of a small size of 21 girine from the Gangwon-gun with the Plaintiff’s permission; (b) on December 7, 2012, the Plaintiff purchased from D and four other persons, for the purchase price of KRW 80,000,000, the total number of trees planted in the Gangwon-gun E Forest (hereinafter “E Forest”); and (c) on November 29, 2013, the Plaintiff applied for the verification of the production of pine trees of a small size of 21 girine from the Gangwon-gun (30 weeks); and (b) on the ground that the head of both Gun transferred the extraction area to Yangyang-gun head of Yangyang-gun to the Plaintiff on December 20, 2013, the production of pine trees of a small size of 120 girine to the Plaintiff on the ground that it was issued to the Plaintiff on December 20, 2013.

F) Around 2014, H: (a) around July 2015, 2014, the 7gs of pine trees owned by M were planted on the entrance side of F land with the Plaintiff’s permission; (b) H agreed on September 17, 2014 to pay KRW 70 million from the Defendant on December 30, 2014; and (b) H requested that the Defendant lend KRW 40 million to the Defendant around July 2015, the Defendant, instead of lending to H, require H, by taking advantage of the aforementioned 7gs of pine trees, a plastic name plate called “M” (i.e., “M”); and (c) H to transfer pine trees by taking advantage of the existing loan claim against H as a collateral against the Defendant’s existing loan claim.

C H on July 21, 2015, together with J. F.

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