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1. The Defendant (Counterclaim Plaintiff) and the Defendant jointly share with the Plaintiff (Counterclaim Defendant) KRW 18,353,50, and the amount of KRW 18,353,50 on March 2015.
Reasons
1. Basic facts
A. The Plaintiff is the owner of the building of 1,458 square meters in H warehouse site in Gwangju-si (hereinafter “instant land”) and the building of 2nd warehouse of the general steel structure on the ground (hereinafter “instant warehouse”). Defendant B, C, D, and E (hereinafter “Defendant B, etc.”) are the owners of G forest land in Gwangju-si, adjacent to the instant land and warehouse, 9,813 square meters (hereinafter “instant forest land”). Defendant F is the owner of the instant forest land in Gwangju-si, which is adjacent to the instant land and warehouse, and Defendant B is the owner of the instant forest land in the instant forest.
B. On May 8, 2006, in order to utilize the instant land as a warehouse site, the Plaintiff constructed a retaining wall on the adjacent part of the instant forest and its neighboring part, and performed construction of a ridge leading up to the ridge, which is an installation for draining the excellent coming from a forest and land at a point of approximately 12.3 meters away from the retaining wall. On January 8, 2010, the Plaintiff newly built the instant warehouse on the instant land.
C. On October 26, 2009, Defendant B, etc. obtained authorization on a forest management plan from the Gwangju City Mayor with respect to the instant forest and another area adjacent to Gwangju City, 72,000 square meters (hereinafter “I forest”) and Defendant F performed the forest management work from the end of February 2010 to the end of May 2010.
On July 22, 2013, when the earth and sand of the forest in question moves into the warehouse of this case along with rainwater, and the entrance and surrounding windows were destroyed, and soil and sand and foreign materials were stockpiled inside and outside the warehouse of this case (hereinafter “instant accident”).
E. On the other hand, under the influence of typhoons on September 21, 2010, the Plaintiff’s wife and children were the Defendants in relation to the instant accident. The Plaintiff’s wife and children were the Defendants in relation to the instant accident. In addition, the Plaintiff’s wife and children were the Defendants.