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(영문) 청주지방법원영동지원 2016.11.04 2015가단4862

손해배상(기)

Text

1. Defendant B and D jointly share KRW 4,000,000 with respect thereto to the Plaintiff and the period from May 10, 2015 to November 4, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a party’s position 1) The Plaintiff is a party to the instant land with a size of 60 square meters in Chungcheongnam-dong, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land”).

1) Of the persons holding one-half equity shares, one-half equity share in the instant land (hereinafter referred to as “instant tree”).

(2) Defendant C is the owner of the instant land, and Defendant C is the father of Defendant C.

On the other hand, Defendant D is a resident of the Dong Dong, such as Defendant B.

B. Defendant B and D’s instant timber act, etc. 1) caused Defendant D to lumber the instant timber without the Plaintiff’s prior consent or consent on November 201, 2014 (hereinafter “instant timber act”).

(2) On July 6, 2015, Defendant B issued a summary order of KRW 500,000 (hereinafter “instant summary order”) in the Cheongju District Court’s Young-dong Branch case No. 2015 high-class 295 property damage due to the instant penal act, and the said summary order became final and conclusive on July 30, 2015.

The criminal facts of the summary order of this case indicate that the market price of the instant trees is approximately five million won.

다. 이 사건 감나무의 벌목 당시 현황 이 사건 감나무는 당시 수령(樹齡)이 40~46년 정도 된 ‘월하시’라는 품종으로, 근경(根莖)은 36cm, 수고(樹高)는 7~8m, 수관폭(樹冠幅)은 7m 정도였다.

【Ground of recognition】 The fact that there is no dispute or no clear dispute, entry of Gap evidence 1 through 5, 19, and Eul evidence 1 (including each number, if any, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. (1) As to the occurrence of liability for damages, Defendant B and Defendant D laid down the instant pine trees without the Plaintiff’s prior consent or consent. (2) Defendant C said that Defendant C would cut the instant pine trees to Dong Ne residents prior to the instant logging act, and is the owner of F land.