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(영문) 춘천지방법원원주지원 2017.06.07 2015가단31031

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of C forest land 595 square meters, D forest land 1,927 square meters, E forest land 1,702 square meters (hereinafter collectively referred to as “Plaintiff-owned land”). The Defendant is the owner of F forest land 14,264 square meters, G forest land 1,523 square meters, H forest land 4,241 square meters (hereinafter referred to as “Defendant-owned land”) in the order of order of 1,2, and H forest land 4,241 square meters (hereinafter collectively referred to as “Defendant-owned land”).

Plaintiff

The land owned and the land owned by the defendant are all located within the I National Park Zone.

B. On June 30, 2010, the Defendant was sentenced to a fine of approximately 90 million won as KRW 2,000,000,000,000,000,000,000,000 won, as a result of the Defendant’s violation of the Natural Parks Act, on the land owned by the Defendant without permission of the park management authority.

C. On August 20, 201 and August 21, 2011, the Defendant, within the land owned by the Defendant, sentenced 65 weeks, including trees, without permission from the park management authority. As a result, the Defendant was sentenced to a suspended sentence of 2 years in June, 201 by imprisonment with labor for a violation of the Natural Parks Act by the original branch court of the Chuncheon District Court as 201 Godan1085.

On November 12, 2012, the Defendant sentenced 14 weeks of trees, such as pine trees, within the land owned by the Defendant without permission of the park management agency. As a result, the Defendant was sentenced to a fine of KRW 7 million from the original state branch of the Chuncheon District Court due to a violation of the Natural Parks Act.

E. From among the land owned by the Plaintiff, part 160 square meters in a ship connecting each point of the attached Table 9, 31, 32, 7, 8, 9 is 28, 29, 30, 9, 10, 11, 12, 13, 14, 15, 46, 45, 44, 43, 42, 41, 40, 40, 39, 38, 37, 28, and 24, 25, 26, 27, 28, 36, 34, 34, 333, 24, 244, 100 square meters in the ship, which are connected in order to each point of the same map (2) with the land owned by the Plaintiff, each of which is 16, 13, 146, 254, 274, 21,24.

[Ground of recognition] Unsatisfy, Gap 1 to 4, .

참조조문