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(영문) 의정부지방법원 2016.07.21 2015가단37177

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On June 10, 2013, when the registration of ownership transfer has been made in the name of E, a director with respect to the area of 9594 square meters in Namyang-si, Namyang-si, the auction procedure was initiated upon the decision to voluntarily commence the auction on June 10, 2013, and the Defendants were awarded the bid on May 6, 2015.

(The share of public land is 2/3 of the defendant B, and 1/3 of the defendant C.

G Forest land was previously owned by the Plaintiff. On December 9, 2012, H forest land was subject to registration conversion, and H forest land was 401 square meters. On August 7, 2013, the auction procedure was conducted according to the decision to voluntarily commence auction on the ground that the J was awarded a successful bid on June 25, 2015.

After December 14, 2015, the said forest was divided into 2245 square meters of K forest and 1776 square meters prior to H.

(hereinafter referred to as “each land of this case” and, when it is specified, only the parcel number shall be indicated). 【No dispute exists, Gap evidence No. 14, Gap evidence No. 16, Eul evidence No. 2, and the purport of the whole pleadings.

2. The Defendants asserting that the Plaintiff’s assertion was liable to pay the Plaintiff KRW 60,000,000,000, in total, the expenses incurred in planting and managing the said son, as compensation for damages arising from a tort, since the Plaintiff’s assertion was damaged by plafing the plaf owned by the Plaintiff on each of the instant land by using plags on June 26, 2015.

3. Determination

A. The plaintiff, as alleged by the plaintiff, had been planted and managed on each of the lands of this case, even if there was a fact that the plaintiff planted and managed turdy on each of the lands of this case, it is consistent with the site and therefore the ownership of turdy belongs to the defendants, the owner of the site, or the J. Thus, it is difficult to view that the plaintiff had ownership of turdy, which was planted on each of the lands of this case, and therefore, it is difficult to claim compensation for damage caused by damage to

In particular, according to the statement in Eul evidence Nos. 1, the above F real estate auction procedure for the F real estate rent on the land as to the land D, the standing timber and landscaping facilities on the land are embodied into the land as a whole and included in the land appraisal.