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(영문) 서울서부지방법원 2013.11.07 2013가합4708

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On January 21, 1987, the Plaintiff acquired shares of 13/14 of C Forest land 18,942 square meters (hereinafter “the instant land”), and 1/14 of the instant land on December 22, 2006, respectively. The Defendant acquired ownership of the said D Forest 27,438 square meters (hereinafter “the instant adjacent land”) adjacent to the said land on November 14, 2012, and E is the representative director of FF Co., Ltd. (hereinafter “F”).

F requested G to set a tree on the adjoining land of this case. Accordingly, G around December 7, 2012, G used a tree work on the surface of the adjoining land of this case. In the process, approximately 700 square meters out of the instant land were mistaken to be part of the adjoining land of this case, and was 191 gluordo of pine trees on the ground of this case.

After having become aware of the fact of the above timber, the Plaintiff measured the diameter of 191 glue tree 19, and the price of the above 191glue tree 190,000, which is calculated by applying the price of the tree planting 53 to 55 pages of the tree planting guide book for the year 2013, issued by the Seoul Forestry Cooperatives, to the diameter of each glue measured by the Plaintiff.

【Ground of recognition” without any dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 4, and the purport of the whole pleadings. The plaintiff alleged that the defendant, the owner of the adjoining land of this case, is liable to compensate the plaintiff for damages incurred by the plaintiff, by asserting that the defendant is liable to clearly point out the boundary of the adjoining land of this case to E, G, etc., and to manage and supervise the progress of the work and prevent the use of land beyond the boundary of this case.