A. The Plaintiff is the owner of the house in Changwon-si E (hereinafter “Plaintiff’s house”) in Changwon-si, the Plaintiff is the owner of the house in F, adjacent to the Plaintiff’s house (hereinafter “B”), and Defendant C is the father of the Plaintiff.

B. Defendant D was awarded a contract for the new construction of housing (hereinafter “instant construction”) and began the instant construction from April 201.

[Ground of recognition] A without dispute, entry of Gap evidence 5, purport of whole pleadings

2. Claims for damages against the Defendants

A. 1) A claim against Defendant D for damages due to the damage of property was filed by Defendant D while performing the instant construction. On April 23, 2011, Defendant D left 1 knives or kives of the Plaintiff’s kives and kives owned by the Plaintiff, which were in mind at the Plaintiff’s housing chemical group during the removal of fences, and on August 28, 2011, damaged 1 kives, kives, 1 kives, kives, kives, kives, and 1 kives of kives of kives owned by the Plaintiff, which were in mind at the Plaintiff’s housing chemical group. Defendant D was sentenced to a fine of KRW 2,00,00 on November 8, 2012 due to the crime of the damage of property as seen above, and the said judgment became final and conclusive between the parties, or there is no dispute between the parties, and evidence Nos. 2, 10 through 11 through 31, and 15.

Therefore, Defendant D is liable for compensating the Plaintiff for damages caused by the above tort, barring any special circumstance.

The defendant D asserts that since the above trees exceeded the boundary between the housing B and the housing of the above trees, the removal of the above trees in accordance with Article 240 of the Civil Code is not unlawful.

Article 240 (1) of the Civil Code provides that "If the land of trees on adjoining land exceeds the boundary line, the owner may demand the removal of such trees." In the case of failure to comply with the claim under paragraph (2), the claimant shall remove such trees.