1. The Defendant shall pay to the Plaintiff KRW 11,836,00 as well as 20% per annum from August 8, 2013 to the day of complete payment.
1. Facts of recognition;
A. On February 9, 2012, the ownership of the instant forest was transferred to the 6,396m2 (hereinafter “the instant forest”) in the Gyeongnam-gun, which was owned by the Plaintiff. The ownership of the instant forest was transferred to the Gyeongnam-do by means of an agreement on the purchase of public land.
B. On the upper ground of the instant forest land, two pine trees worth for ornamental use (hereinafter “instant pine trees”). However, on April 6, 2012, Gyeongnamdo consulted on the Plaintiff and the instant pine trees, and paid KRW 5,430,000 as the compensation for relocation of the instant pine trees to the Plaintiff on April 26, 2012.
C. On April 4, 2012, in order to remove the instant pine trees without obtaining permission from the Korea Development and Management Agency for the removal of the instant pine trees (hereinafter “instant pine trees”), the Defendant mobilized Poke, which is a heavy equipment, to cut off the surrounding area of the instant pine trees in depth with 2 meters and extracted out part of the roots. However, the Plaintiff, who visited the bed site, was deprived of the extraction of the instant pine trees.
While the Plaintiff reported the Defendant to the police station and to the forest department of the Korea Development-gun Office, and demanded the Defendant to restore the instant pine trees to its original state, the Defendant re-surfeded the surrounding area of the instant pine trees with soil, and re-surfeded the instant pine trees in the direction of three sides in order to prevent trace of pine trees. However, the instant pine trees defolied around September 2013.
E. The appraisal value of the instant pine trees is KRW 11,836,000.
[Ground of recognition] The non-contentious facts, Gap's statements and images (including numbers, if any; hereinafter the same shall apply), Eul's images as shown in subparagraph 7, Eul's appraisal results by the Korea Appraisal and Evaluation Institute, the head of this court's cultivation, 3, 4, 6-10, Eul's appraisal results by the Korea Appraisal and Evaluation Institute, the results of each inquiry into D's appraisers belonging to the Korea Forest Evaluation and Evaluation Institute, and the purport of the whole pleadings;
2. Determination: Ga. Ga.