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(영문) 대전지방법원 2016.10.13 2015가단219280
손해배상(기)
Text

1. Defendant R: (a) KRW 12,066,40, Plaintiff B, C, D, and E respectively; (b) KRW 8,04,266, Plaintiff F; and (c) KRW 4,160,827, and Plaintiff G.

Reasons

1. In full view of the facts of recognition Gap evidence Nos. 1 to 7 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 4, the results of this court's request for a survey of the cadastral status and the results of the request for a survey of the appraisal of the gold Mountainous District of the Korea Land Information Corporation, the following facts are recognized, and the results of this court's request for appraisal of the appraiser S, T and the purport of the whole pleadings are acknowledged, and contrary to this, the entry of Eul evidence No. 3 is difficult to believe, and there is

Defendant Q completed the registration of ownership transfer on October 9, 2006 with respect to 30,758 square meters of forest land in Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “U forest”).

Defendant P purchased forest land U from Defendant Q on February 24, 2010, and completed the registration of ownership transfer on the same day.

B. On June 16, 2008, Defendant R filed a report under Q’s name on the aggregate of 8,061 square meters of U forest and 271 square meters of forest land located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, for the purpose of creating a mushroom farming site. On July 13, 2010, Defendant R filed a report on the conversion of a mountainous district under Defendant R’s name for two years with respect to each of the said forests.

Where any person intends to file a report on conversion of a mountainous district and modify permitted matters, such as the area thereof, he/she shall file a report on conversion of a mountainous district with competent authorities

Nevertheless, on September 2009, Defendant R did not make a report on the change of a mountainous district, and performed the conversion of a mountainous district by embling off (Filling) the sum of 3,434 square meters of U forest, 2,387 square meters of W forest in Chungcheongnam-gun, Chungcheongnam-gun, and 1,980 square meters of X forest, and 7,801 square meters of X forest, using brecers.

(Defendant R was issued a summary order of KRW 3 million due to the above act on June 17, 2013. Defendant R used Pokes at the time of the above act, thereby destroying or cutting down trees planted in part of the above WW forest.

C. The network Y and the network Z shared 1/2 shares of each of the instant forest land 25,991 square meters (hereinafter “instant forest”).

However, the deceased died on January 21, 1992, and the deceased's property is his wife.

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