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(영문) 광주지방법원 2020.09.17 2019가단8509
손해배상(기)
Text

The Defendant, as the Plaintiff

A. Of the area of 731 square meters in Gwangju Mine-gu, each point of the attached Form 1 to 22, and 1 shall be in order.

Reasons

1. Facts of recognition;

A. The Plaintiff is an owner of 731 square meters prior to Gwangju Mine-gu and 1098 square meters prior to D (hereinafter “instant land”).

B. On April 1, 1992, the Plaintiff completed the registration of ownership transfer with respect to the instant land. Around 1994, the Plaintiff laid down 200 gone trees on the land (B) part of the attached Form No. 1 to 22, and 1, which connected each point of the instant land, and 465 m23 to 34, and 23 m23 m23 m2 in sequence of the attached Form No. 1 to 1994.

C. In March 2018, the Defendant extracted 200 goms, which were planted on the ground of 465 square meters in a ship and 750 square meters in a ship, on the ground of (A) and (b) part on the 750 square meters in a ship, and planted turf on the ground below the above land.

As of March 2018, 140,000 per 1g, and 200gs per 20gs per 28,000,000, based on the value of trees, which is 15 years of receipt, 11cc in diameter, 3m in height, and 3m in height.

(See 24, 26, et al., written expert evidence E).

Of the instant land, the rent from April 1, 2018 to April 30, 2020, the sum of the rent from April 1, 2018 to April 30, 2020 is KRW 2,022,980, and the rent from May 1, 2020 is KRW 91,130 per month.

[Ground of recognition] A without dispute, entry of Gap evidence Nos. 1 through 3 and 5, the result of the verification by this court, the result of the request for surveying and appraisal to the Gwangju Vice-Governor of the Korea Land Information Corporation, the result of appraisal by appraiser E, the purport of whole pleadings

2. Determination on the cause of the claim

A. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 28,00,000 won as damages for the act of destroying 200,000,000 trees owned by the plaintiff as well as damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from July 1, 2019 to July 21, 2020, the day following the delivery date of a copy of the complaint of this case, which is the day of this decision, and 12% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of complete payment.

B. Of the instant land, the part on a ship (A) is not less than 465 square meters, and part (B) is not less than 750 square meters.

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