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(영문) 대구지방법원 2017.11.09 2017나305544
손해배상(기)
Text

1. The plaintiff's appeal and the plaintiff's claim added by this court are dismissed, respectively.

2. After an appeal is filed.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the instant forest land and standing timber on the ground of the instant forest land, which is not less than 29,664 square meters of forest land B in Gyeongbuk-gun (hereinafter “instant forest”) and the Defendant is a corporation with the aim of forest management projects.

B. F, the owner of 19,037 square meters of land C, D forest land 15,311 square meters of land, E forest land 61,472 square meters (hereinafter collectively referred to as “instant adjacent forest”) adjacent to the instant forest, was awarded a contract with G for felling standing timber on the ground adjacent to the instant forest.

C. On January 2016, G filed an application with the Defendant for a boundary marking of a felling zone, and the Defendant’s Staff H, without knowing that the instant forest was divided from the said E forest, indicated that part of the instant forest was included in the felling zone by impairing the boundary between the instant neighboring forest and the instant forest.

G cut standing timber on the ground of the instant forests and fields in accordance with the indication of the felling zone indicated by H while cutting down standing timber on the ground of the instant forests and fields.

Among the standing timber on the land of the instant forest is 40 years of pine trees 199, 63 weeks of pine trees 40 years of fallen leaves, 1 week of big tree 40 years of age, 67 weeks of night tree 30 years of age, 213 weeks of active trees (hereinafter “instant trees”).

E. Meanwhile, the market value of the instant trees is KRW 8,020,000 in the case of forest trees, and KRW 184,960,00 in the case of landscape trees.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 8, 28, the result of appraiser I in the first instance court's appraisal, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts of recognition of the occurrence of liability for damages, where the defendant is a corporation for forest management projects, such as felling of forests within nutrition group, and indicates a felling area of forests, it shall be ensured that standing timber on the ground of another person's forest land is not cut, by examining the current status of forests, legal relationship, forestry map, etc.

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