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1. The Plaintiff:
A. Defendant B: (a) KRW 8,755,00 for Defendant B; and KRW 5,836,660 for Defendant D; and each of them, from November 28, 2015 to December 2016.
Reasons
1. Claim against Defendant B and D
A. (1) The Plaintiff purchased 1,282 square meters (hereinafter “instant land”) from Dong E in Yangju-si in the amount of KRW 300 million, but the two pine trees cultivated on the instant land shall be owned by the Plaintiff after the registration of ownership transfer. On February 5, 2008, the Plaintiff completed the registration of ownership transfer on the instant land.
(2) The network E, without the Plaintiff’s consent, fells into 300 gyeast trees (30 gyeast trees) in the instant land without permission, and the market price of 1 gyeast trees is KRW 70,000.
(3) As above, the network E laid down the instant land without permission and left the instant land alone, and KRW 5,265,000 was required due to miscellaneous trees, roots removal and waste disposal, flat work, and banking work.
(4) The deceased on May 2014, and the deceased on May 2014, the heir is the Defendant B, Defendant C, D, and G (Dismissal) who is the wife.
[Grounds for Recognition] Each Confession
B. According to the above facts of determination, the Plaintiff suffered damages of KRW 26,265,00 [the amount of damages 21,00,000 won ( KRW 70,000) equivalent to the market price of two trees x 300,000 won ( KRW 5,265,00) for restoration to original state] due to the network E’s tort.
As such, Defendant B, the inheritor, is obligated to pay 8,755,00 won that falls under the inheritance shares (3/9), and 5,836,660 won that fall under the inheritance shares (2/9), and 5,836,60 won that fall under the inheritance shares (2/9), as sought by the Plaintiff, and damages for delay calculated at each rate of 15% per annum as prescribed by the Civil Act, from November 28, 2015 to May 13, 2016, the copy of the application for modification of the purport of the claim, as of November 20, 2015, which was served on the said Defendants, from November 28, 2015 to May 13, 2016, and from the following day to the day of full payment.
2. Claim against Defendant C
A. (1) The Plaintiff purchased the instant land from the deceased E in the amount of KRW 300 million, but the ownership transfer registration of the two pine trees cultivated on the instant land.