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The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
Reasons
1. In the Government of the Plaintiff’s assertion, C. C. 981 square meters (hereinafter “instant land”) owned D, and the attached Form (water) and the trees indicated the amount of damage on the instant land (hereinafter “the instant trees”) were owned by the Plaintiff.
around 2014, the Defendant Korea Land and Housing Corporation decided to develop a single Government City C as a housing complex, and acquired ownership of the instant land on January 21, 2015.
Defendant B was awarded a subcontract by the Korea Land and Housing Corporation for civil engineering works on the instant land and its single housing complex.
On May 2017, the Plaintiff agreed to move the instant trees from September 2017 to October 2017 by the Defendants’ employees and the instant trees. The Defendants laid down the instant trees without permission prior to August 2017.
Therefore, the Defendants are liable to compensate the Plaintiff for damages equivalent to KRW 73,900,000,000 of the market price of the instant tree incurred by the said tort.
2. The Defendants asserted that the Defendants had no standing to be a party to the instant lawsuit since the Plaintiff had been granted the right to perform a lawsuit from D in a stimulative manner with the main focus of procedural acts, which constitutes a discretionary litigation trust.
In a lawsuit on property rights, it is not allowed in principle to delegate the relevant lawsuit to a third party, in principle, the subject of the right to manage and dispose of the rights or legal relations which are the subject of the lawsuit.
However, the plaintiff's assertion in this case is that since the tree of this case was owned by himself, and the defendants violated this without permission, it would compensate for the damages.
In other words, the plaintiff is seeking compensation for damages on the ground that his right has been infringed, and the plaintiff is granted the right to perform the lawsuit of this case.