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(영문) 대전지방법원 2018.02.08 2015가단17644
손해배상(기)
Text

1. Defendant C’s KRW 385,00 and its related amount are 5% per annum from February 24, 2015 to February 8, 2018.

Reasons

Facts of recognition

The Plaintiff is the owner of 12,935 square meters of G forest in Chungcheongnam-dong, Chungcheongnam-do (hereinafter “instant forest”), and the Defendant B is the owner of H forest in Chungcheongnam-dong, Chungcheongnam-do, the neighboring land (hereinafter “instant adjacent forest”).

around February 2015, Defendant B sold the above standing timber to Defendant C with a view to directly cutting and collecting the standing timber on the land adjacent to the instant forest by Defendant C. On February 13, 2015, Defendant B obtained permission for felling the above standing timber from Defendant Young-gun.

On February 24, 2015, Defendant C cut 24 part of standing timber on the ground of the instant forest, which was located on the ground of the instant forest by breaking the boundaries of the instant adjacent forest and the instant forest, among the fellings of standing timber on the land adjacent to the instant forest through I (the 17th, 17, 3, 4, 4, hereinafter referred to as “instant trees”).

The market value of the trees of this case is 385,000 won.

[Ground of recognition] without any dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 through 3, Eul evidence Nos. 1 through 1 (including various numbers of proof Nos. 1 through 3), and Eul evidence Nos. 1 (including part of proof Nos. 1), the result of the commission of surveying and appraisal to the Korea Land Information Corporation in this court, the result of the entrustment of market price appraisal and the entrustment of appraisal and supplementation to the appraiser J., the plaintiff's assertion of the purport of the whole pleadings as to the purport of the pleading as to the whole, Defendant B, who caused the plaintiff to cut the trees within the forest of this case owned by the plaintiff and caused damage equivalent to KRW 75 million in market price of the trees of this case to the plaintiff. Thus, the above defendants are jointly and severally liable to pay to the plaintiff 75 million

In addition, the defendant Young-gun is a local government in charge of permission to cut standing timber on the ground of forest land, and even after the permission to fell, the defendant Young-gun is obligated to control and supervise whether the person who has obtained permission to fell within the scope of permission and intrudes the boundary of land owned by another adjacent person.

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