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(영문) 춘천지방법원원주지원 2015.07.16 2014가단31119

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. The plaintiff's assertion

A. Defendant B: (a) purchased around May 2012, the same year after purchasing KRW 4,132 square meters of forest E in Gangwon-do and KRW 827 square meters of forest land;

8. A seller, who is a seller, has obtained permission for development activities with respect to 2810 square meters of forest E- 4,132 square meters of forest land and 111 square meters of forest land among 827 square meters of forest land in the name of the seller;

(hereinafter referred to as “instant forest”). B. Forest land granted permission for development activities (hereinafter referred to as “instant forest”).

Defendant B had Defendant D damaged a forest for development activities through H around August 2012, and damaged the forest without paying the cost of creating forest replacements, etc. to Defendant Pyeongtaek-gun, the competent authority.

Although Defendant B was issued an order to revoke permission for development on December 1, 2012 and an order to reinstate a damaged forest on December 1, 2012, Defendant B did not restore the damaged forest normally and did not take any preventive measures against such disasters.

Defendant C acquired the ownership of the instant forest land as it was unlawfully damaged on September 2012.

Defendant D directly damaged the forest land of this case as above.

Although Defendant Pyeongtaek Chang-gun did not pay the cost of creating forest replacement for the instant forest land, it was left unattended for four months prior to the revocation of permission for development activities on December 1, 2012 without any on-site verification. Since December 1, 2012, even though the instant forest land was damaged and neglected without any particular measure, the permission for development was revoked and neglected without any particular measure.

C. Around July 2013, soil was leaked from the forest of this case, which was concentrated on the Japanese forest of this case. In the vicinity of the forest of this case, soil was flown into the farmland cultivated by the Plaintiff in the vicinity of the forest of this case (Gangwon-gun, J, K, K, M, N, etc.).

As a result, the plaintiff suffered losses that the plaintiff could not harvest the crops or fruits cultivated.

The plaintiff's above damages are caused by damage to the forest of this case, and the defendants concerned are liable for compensation for damages suffered by the plaintiff as seen earlier.

2. Determination: