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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff is the owner of trees, such as bamboo trees, etc. planted on B B prior to Dong-si and the above land.
B. On January 23, 2014, with respect to the “Projects for the Creation of the Solution Parking Lot for the Han Sea National Park (hereinafter “project implementer”) implemented by the Republic of Korea (hereinafter “the Republic of Korea”), the said land was expropriated on January 23, 2014 by the Central Land Expropriation Committee (the date of commencement of expropriation is March 18, 2014) (the date of commencement of expropriation). As the said adjudication decided to transfer trees planted on the instant land (hereinafter “the instant trees”), the compensation became final and conclusive by multiple appraisal institutions in lieu of the transplant cost on the ground that the cost of planting trees exceeds the value of trees, and the compensation was completed before June 2014.
C. On June 2014, the Defendant contracted the construction of a parking lot for the said project (hereinafter “instant construction”) and continued the said construction on the instant land.
On June 2014, the Defendant moved part of the instant trees on the instant land at the request of the Plaintiff, and the said trees were buried in the construction process.
[Ground of recognition] Facts without dispute, Gap's statements, Gap's 1 through 3, 5 through 8, 10 through 12, 17, 19 through 22, Eul's statements and images, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff asserted that the Defendant should compensate the Plaintiff for damages, since the Defendant transferred the total of 97 trees of this case to the remaining land of this case, and the Defendant buried the entire trees by negligence of the Defendant during the construction process of this case.
B. The Defendant, at the Plaintiff’s request, moved to one part of the instant trees seven out of the instant trees, which was the wind that the Plaintiff did not transplant.