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(영문) 울산지방법원 2018.08.16 2017가합23635
손해배상(기)
Text

1. The Defendants jointly share the Plaintiffs’ KRW 4,806,666 each year from August 15, 2017 to August 16, 2018.

Reasons

1. Basic facts

A. From around 2011, the Plaintiffs have cultivated the flowers and the fruits without a title, such as D’s consent or a right of lease of forest land, on the part of the area of 1,785 square meters of forest E in Ulsan-gu, Ulsan-gu, U.S.A. owned by D.

On October 11, 2013, the said forest was divided into KRW 47 square meters for E forest land and KRW 1,738 square meters for F forest land. The instant forest was located above part of the said F forest land’s 1,738 square meters for the f forest land cultivated by the Plaintiffs (hereinafter “instant forest”).

B. On the other hand, the Defendants are co-project implementers of the project to create “H” of the Nam-gu Seoul Metropolitan Government G Daily.

The Ulsan Metropolitan City Mayor approved and announced the industrial complex plan regarding the above development project on June 20, 2013, and was incorporated into the site of the industrial complex in the forestry map of this case.

The Defendants completed the registration of ownership transfer on June 26, 2014 with respect to the instant forest land by acquiring land through consultation on June 19, 2014 from D, the owner of the instant forest land.

C. After that, around July 2017, the Defendants: (a) inflicted damages on the flowers and fruits cultivated by the Plaintiffs on the instant forest without obtaining the Plaintiffs’ consent or paid compensation for losses on the flowers and fruits cultivated on the instant forest; and (b) damaged the said flowers and fruits to the right angles in the process of executing construction works for creating an industrial complex in the instant forest and fields.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1, Gap evidence Nos. 2-1, 2, 3-2, Eul evidence Nos. 1, 2, 3-2, Eul evidence Nos. 5-1, 9, 10-1 through 20, witness I's testimony and the purport of the whole pleadings

2. Summary of the parties' arguments

A. At the time of July 2017, the Plaintiffs: (a) cultivated 22,800 U.S. flowers and 10,000 U.S. dollars in the instant forest; (b) however, the Defendants were either subject to lawful procedures for compensation for losses, such as paying compensation therefor; or (c) damaged the above-mentioned fireworks and fruits by carrying out construction without obtaining the consent of the Plaintiffs; and (d) thus, joint tort against the Plaintiffs is established.

Therefore, the defendants are liable for the above joint tort.

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