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1. The Defendant Jin Construction Co., Ltd., and C, jointly and severally, shall be KRW 30,637,420 to the Plaintiff as well as the Plaintiff from March 28, 2011.
Reasons
1. Basic facts
A. The Plaintiff’s ownership of 14380 square meters of the instant forest D forest in Yannam-gun, Jeonan-gun (hereinafter “instant forest”) is the Plaintiff’s ownership, and the ownership of 26704 square meters of forest E in Yan-gun, Yannam-gun, Seoul-gun, and adjacent to the said forest (hereinafter “instant forest”).
B. On March 4, 2011, Defendant Shinan-gun entered into a contract for construction works (hereinafter “instant contract”) with Defendant Jinan-gun Co., Ltd. (hereinafter “Defendant Jin-gun”); Defendant Jinan-gun’s contract amounting to KRW 189,514,600 for the contract amount and the construction period from March 11, 201 to May 9, 201 for each of the contractual terms (hereinafter “instant contract”). The special specifications of the instant contract include the following:
2.1) In the event of transport or handling of landscaping rocks (location: G 2) out of a rock BTL project site with a large value of momosomes among landscaping rocks, the surface of landscaping rocks shall not be damaged and the adjacent facilities shall not be destroyed or damaged;
C. Defendant C, who is an employee in charge of the field work of Jin Construction, collected soil and stones of 25 tons of 70 tons of spump trucks from the forest of this case, which was located in mountainous districts from March 21, 201 to March 28, 201, without obtaining permission to collect earth and stones, from the forest of this case, which was sentenced to a fine of KRW 5,000,000 due to the above criminal facts.
On or around March 27, 2011, the Plaintiff filed a complaint with Defendant C by taking into account the issue of collecting earth and stones without permission in the instant forest. Accordingly, around March 29, 201, the Defendant Newanan-gun suspended the instant construction and requested a boundary survey concerning the instant forest and the instant forest and the instant newan-gun. After that, the Defendant Newan-gun and the Defendant Jinan-gun were to purchase the land from the landscape stone gathering due to civil petition occurrence, on or around May 6, 2011, the contract amount of the instant contract, and on the grounds of “the change from the landscape stone gathering due to civil petition.”