손해배상(기)
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. The parties' assertion
A. On March 2013, the Defendant is obligated to arbitrarily extract 100 mar tree owned by the Plaintiff and 500 margs, which were planted on the instant land, which was owned by the Defendant around 18,00,000 square meters (hereinafter “instant land”). Since the farming margs installed on the said land were arbitrarily removed, the Defendant is obligated to pay to the Plaintiff KRW 18,000 [10,000 per margs x 100 x 100 margs x 100 margs x 500 marg) and damages for delay.
B. It is true that the Defendant, who was planted on the instant land, extracted approximately 30 spawn trees owned by the Plaintiff and removed the spawn which were installed on the said land. However, since the said spawn trees at the time were de facto dead and the said spawn were in a de facto condition, there was no property value, it cannot be deemed that the Plaintiff suffered any loss therefrom.
In addition, since the land of this case was not planted, there was no fact that the defendant extracted it.
Therefore, the defendant cannot respond to the plaintiff's request.
2. Determination
A. In full view of Gap's occurrence of liability for damages, Gap 1-4, 6-8, Eul 2, and 3's images or images, Eul 2, and 3's result of the request for delivery of documents to the Jinju District Prosecutors' Office at the original District Prosecutors' Office at the original trial, and the whole purport of pleadings, the plaintiff was found to have been in possession of, and was using the farming gate, which is a warehouse that keeps farming equipment, etc. on the above land, and the defendant was installing and using the farming gate, which is a warehouse that keeps the farming equipment, etc. on the above land; and the defendant collected shot trees and Dora, etc. owned by the plaintiff, which were planted on the instant land owned by the defendant on March 1, 203 and removed the farming gate with the structure of block and slate structure of 15 square meters and removed them, and damaged the market value, such as the plaintiff's single tree, etc.