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(영문) 서울중앙지방법원 2011.05.04 2008가단275368
손해배상(기) 등
Text

1. The Plaintiff:

A. Defendant B and C are indicated in the attached sheet No. 1, 2, 43, 45, 44, and 1 among the land size of 1649 square meters in Incheon Strengthening-gun D Forest.

Reasons

1. The facts under the recognition of facts are either in dispute between the parties or in part of Gap's statements and witness F's testimony (except for the following part). In light of the on-site inspection results and the overall purport of the pleadings in the result of the survey and appraisal conducted by this court, the witness F's testimony is difficult to believe that part of the witness F's testimony is inconsistent with the above recognition and there is no counter-proof.

On January 27, 2000, Defendant B, and three other parties obtained permission for changing the form and quality of a forest for 4850 square meters out of the Incheon-gun G, Incheon-gun and eight lots, and completed a completion inspection on May 26, 2003, for the purpose of building a site for constructing housing and a warehouse.

B. A part of the H ditch owned by Defendant Republic of Korea was used as a road. However, from the time of the completion inspection, an appraisal of the attached Form No. 1649 square meters in D forest owned by the Plaintiff was used as a road when the attached Form No. 8 square meters in the ship and E ditch 291 square meters in the attached Form No. 291 square meters in the land owned by the Plaintiff.

C. However, the Plaintiff did not have filled up the said Section A and the dival parts for the use as roads, and there was no other construction work performed in the vicinity of each of the said lands except for the construction work in accordance with the permission for changing the form and quality of the forest at the time.

Meanwhile, after receiving a request from residents, including Defendant B, etc. to perform packing works, the attached appraisal work was completed on the packing road on September 2005 from the land surface of reinforced military, and the attached appraisal work was completed on the packing road, but not only the packing road but also the part of the above 1 and the dial part of the attached Table 1, which are the current status other than the packing road, are used as a passage for entering each land owned by them.

2. Judgment on the plaintiff's assertion

A. According to the above facts of recognition as to the assertion against Defendant B and C, when Defendant B and C perform the change of forest form and quality, the above part of the Plaintiff-owned ship 1.

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