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(영문) 의정부지방법원 2015.04.22 2014가단104162
손해배상(기)
Text

1. The Defendant’s KRW 939,200 as well as the Plaintiff’s annual rate from May 20, 2014 to April 22, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of 2,264 square meters (hereinafter “instant land”) prior to the Gyeonggi-do Yangju-gun Co., Ltd.

B. Around February 20, 2013, the Defendant cut off 2 girs (the height is 8.0 meters, diameter is 35 centimeters, height is 6.0 meters, diameter is 6.0 meters, diameter is 20 centimeters, diameter is 20 centimeters) of girs owned by the Plaintiff on the ground of the instant land without the Plaintiff’s consent, 4 girs, 12 girs [in the appraisal sheet, 14 girs are cut off on the ground of the instant land, but excluding girs (the height is 8.0 meters, diameter is 35 centimeters, diameter is 6.0 meters, diameter is 20 centimeters), and cut down girs of girs, girs, and 6 girs of girs.

[Ground of recognition] Unsatisfy, Gap evidence 2, 3, Eul evidence 1 and 5 (including separate numbers), the result of the on-site inspection by this court, the result of the appraiser D's appraisal, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The plaintiff is liable for tort damages because the defendant invadedd the land of this case owned by the plaintiff without permission and caused the illegal act of cutting or cutting standing trees or pine trees. Accordingly, the plaintiff's expenses amounting to KRW 91,394,000 for planting and planting the same trees. Thus, the defendant is liable for compensating the plaintiff for damages, as the damages amounting to KRW 91,394,000 and damages for delay. Thus, according to the above facts of recognition, the defendant cut off 4 gradic trees, 10 gradic trees, gradic trees, 6 gradic trees, etc. owned by the plaintiff without permission without permission, and the defendant committed a tort that damages the plaintiff, unless there are special circumstances. Thus, the defendant is liable for compensating the damage therefrom to the plaintiff.

B. The scope of liability for damages is examined, and generally damages caused by illegal acts are the market price at the time of loss when the goods are destroyed.

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