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(영문) 의정부지방법원 2016.11.24 2016나5703

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

(2) On October 7, 2010, the Plaintiff leased the said house and agricultural and forestry warehouse to the Defendant during the lease period from November 30, 2010 to November 29, 2012.

(hereinafter “instant lease agreement”). Since then, around May 31, 2015, D, to whom ownership of the said house and agricultural and forestry warehouse was transferred, entered into a contract with the Defendant on the condition that D succeeds to the status of the lessor under the instant lease agreement, and that D shall extend the lease term to May 30, 2017, while the lease term is extended by May 30, 2017.

[Ground of recognition] Facts without dispute, Eul's entry in the evidence No. 4-1 to 4, the purport of the whole pleadings

2. During the period from July 7, 2015 to July 11, 2015, the Defendant asserted by the Plaintiff, who leased and resided the said house, agriculture, and forestry warehouse, damaged the property by cutting down each of the trees listed in the table below the Plaintiff’s ownership as a saw.

Serial Standard Quantity (unit: prime unit) unit price (unit : h4.0 h4.0 x 2.2.0 1,354,000 2,708,000 1,358,000 x2.5 xW1.0 x h4.5 x h4.5 x 859,000 859,000 84.0 869,000 h4.0 -69,000 869,000 869,005 x 200,000 120,000 25 x 4,94,994,000 x 25 x 200,000 x 20,000 x 4,994,00

3. The testimony of Gap evidence Nos. 1 through 8 (including each number, if any) and witness E are insufficient to recognize that the defendant damaged the property by damaging each of the above trees owned by the plaintiff, and there is no other evidence to prove otherwise.

Rather, according to Eul evidence Nos. 16, the defendant can recognize the fact that the defendant removed 2 native trees and 1 studios of each tree through landscaping companies in the course of conducting landscaping as a whole, and according to the above facts of recognition, the above landscape gardening work by the defendant brings down the value of the above trees, etc.