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(영문) 대전지방법원 2018.08.23 2017가단217547
손해배상(기)
Text

1. The Defendant: (a) with respect to Plaintiff A’s KRW 10 million; (b) KRW 1 million to Plaintiff B; and (c) with respect to each of the said amounts, from May 1, 2016 to May 2018.

Reasons

1. In fact, Plaintiff A is the owner of forest land of 296 square meters located in Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant forest”) and Plaintiff B is the owner.

Plaintiff

A, in around 2014, buried the remains of a mother’s grave installed 50 years prior to the instant forest and fields, and buried them in a place where the remains were buried in another place, and buried them in the form of a tree burial (hereinafter “the instant tree burial”) after planting trees under the tree, and burying the remains of the parent’s cremation after selling them.

Around April 2016, the Defendant had been engaged in the land horizontal work in the vicinity of the instant forest, and had removed trees to the instant forest without the consent of Plaintiff A while removing the trees and damaged the instant tree burial, thereby making it impossible to identify its location.

Plaintiff

A filed a criminal complaint against the Defendant on the charge of violating the Mountainous Districts Management Act and grave excavation. The Defendant was subject to a disposition for non-suspecting the existence of the remains of Plaintiff A’s parents in the instant forest on the ground that he was unaware of the existence of the remains of Plaintiff A’s parents in the instant forest, and was sentenced to a suspended sentence of two years in Daejeon District Court for six months after having been prosecuted for the violation of the Mountainous Districts Management Act.

[Ground for Recognition: Unsatisfy, Gap evidence 3 through 4, 6 (including each number), the purport of the whole pleadings]

2. The assertion and judgment

A. The gist of the plaintiffs' assertion is that the defendant, despite being well aware of the existence of the remains of the plaintiff A's parent in the forest of this case due to the existence of the tree of this case, damaged the mountainous district of the forest of this case, such as the tree of this case, by removing the trees and conducting flat work, and damaged the mountainous district of the tree of this case. The defendant was unable to find the remains of his parents by hedging the graves of the

Therefore, the Defendant, as the owner of the instant forest land, is the consolation money for the damage to the forest and the extreme mental suffering to the Plaintiff, who is the owner of the instant forest land, which is KRW 30 million, and the Plaintiff’s wife, as the husband of the Plaintiff A, has not been effective against the dead parents together with the Plaintiff A.

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