[2016 Highest 1155] Defendant is a person engaged in agriculture.

C Around March 11, 2013, as a cultivator of land of 133,477 square meters, both Gangwon-gun, Yangwon-gun, the owner of which was the unclaimed land, transferred the right to cultivate the said land to E, who was an employee of the Yang-gu Agricultural Cooperatives, on or around March 11, 2013. On September 1, 2014, the above E transferred the 16,258 square meters of the total land outside G and eight out of the entire land (hereinafter “instant land”). The victim cultivated crops in the instant land from around B, 2014, and planted trees from around May 3, 2015 to around 3,00 among the instant land.

On the other hand, the Defendant came to know from July 2014 that, while performing the improvement work of the instant land with the delegation of C from around July 2014, the victim acquired the above cultivation right and cultivated crops.

1. Nevertheless, the Defendant has a right to cultivate himself/herself, who was engaged in land improvement works on June 14, 2016, despite interference with his/her duties.

In this case, the victim's booms, confluences, and sublime trees planted by the victim to interfere with the victim's failure to grow crops by abusing the cather, a catum or sublime.

2. The Defendant damaged property at the above date and at the above place, the market price of the trees damaged by the Defendant was KRW 17,00,000,00, while the Defendant specified the market price of the trees damaged by the Defendant. However, this includes personnel expenses and charges for funeral expenses when the Defendant depths trees, and it is difficult to believe that the written estimate for the price of trees submitted by the victim also includes the written estimate for the price of trees and the price of the trees, and it is difficult to recognize that the market price of the trees was KRW 17,00,00 at the time of the damage, solely based on such written estimate and the statement by the victim, as well as the evidence to specify otherwise.