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1. The defendant's damages case against the plaintiff of Gwangju District Court 2013 Ghana 12783.
Reasons
1. Basic facts
A. On September 2008, the Plaintiff purchased 21,620 square meters of C forest in Gwangjuyang-si, and then requested D to fell trees with permission for cutting trees from luminous-si in accordance with the development project of the gymnasing tree substitute tree, around April 2010. During the work, the Plaintiff cut the trees of 30 gyms, such as the pine trees planted by the Defendant, the owner of neighboring land, without permission.
B. On September 30, 2013, the Defendant filed a lawsuit claiming damages from the Plaintiff’s unauthorized felling of trees, claiming damages from the said unauthorized felling of trees, against the Gwangju District Court 2013Gau12783 (Appeal).
C. On October 4, 2013, the Plaintiff was served with a decision on performance recommendation (hereinafter “instant decision on performance recommendation”) stating that “the Plaintiff shall pay to the Defendant the amount of KRW 19,500,000 and the amount calculated at the rate of 20% per annum from the day after the copy of the complaint was served to the day of complete payment,” but did not raise any objection, and the said decision became final and conclusive on October 19, 2013.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 3-2, the purport of the whole pleadings
2. Determination:
A. As the decision on performance recommendation has become final and conclusive and conclusive, the decision on performance recommendation does not take place as res judicata effect, and thus, the restriction pursuant to the time and scope of res judicata as stipulated in Article 44(2) of the Civil Execution Act does not apply to a lawsuit seeking objection (Article 5-8(3) of the Trial of Small Claims Act). Accordingly, in examining a lawsuit seeking objection, the propriety of all the claims as indicated in the decision on performance recommendation may be determined.
At this time, the burden of proof on the existence or establishment of the claim is the defendant of the claim objection suit.
No. Serial 13 589,000 2 p.m. 1290,000 p.m. 3510,000 4 p.m. 3510,000 510,000 6 p.m. 3240,000 6 p.m. 250,000 total 302,908,000
B. The results of the appraisal commission to the Korea Forest Research Institute E in this Court are as seen earlier.