손해배상(기)
1. The Defendant shall pay 29,715,000 won to the Plaintiff and 20% per annum from November 19, 2013 to the day of complete payment.
1. Basic facts
A. The Plaintiff owns the land in question, which is located in the 10th six group of 6th group of 6th group of 10 forest land (hereinafter, hereinafter, referred to as the “instant land”).
B. In order to restore a damaged road between May 20, 2012 and June 16, 2013, the Defendant cut the degree of 20 weeks of trees on the instant land and cut and filled the said land on the ground in order to prevent flood.
(c) on June 11, 2013, the head of Young-si Office.
8.2. The Defendant ordered the land to restore the said land to its original state by September 30, 2013 by planting trees, such as pine trees and big tree, on the ground of the instant land.
On August 13, 2013, the defendant prepared and delivered a letter to the plaintiff that the plaintiff will restore the forest damage to its original state and fulfill the conditions of the compensation for forest damage.
E. The Defendant did not implement restoration, etc. on the ground that the Plaintiff and the Defendant did not agree to restore the land of this case to its original state and the method of planting trees, etc. until the date of closing the argument of this case.
[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 5, Eul evidence Nos. 3 and 4, Gap evidence Nos. 2-1 through 4, the purport of the whole pleadings and arguments
2. The assertion and judgment
A. According to the above facts, as to the existence of the Defendant’s obligation to compensate for damages first of all, the Defendant committed an act of arbitrarily cutting down trees on the ground of the instant land owned by the Plaintiff and hedging the said land, and barring any special circumstance, the Defendant is obligated to compensate the Plaintiff for damages arising from the said act, barring any special circumstance.
On the other hand, the defendant is currently holding at least 20 weeks of trees that can be planted on the ground of the land of this case, and the defendant is able to restore the above land to its original state, but the plaintiff is seeking compensation for damages.