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(영문) 부산지방법원 2013.07.26 2011가합6864
손해배상(기) 등
Text

1. The defendant Treatment Construction Co., Ltd., the Hanjin Heavy Industries Co., Ltd. and the Daelim Industry Co., Ltd. are jointly and severally liable to the plaintiffs.

Reasons

1. Basic facts

A. From April 11, 1984, Plaintiff A registered the business with the trade name “C” from Ulsan-gun, Ulsan-gun, and engaged in mining, earth, sand and rock gathering business.

The Plaintiffs are married couple, and the Plaintiff acquired ownership on March 12, 1987, as the co-owner of the 1/2 equity share of the Jingu, Jingu, Jingu (hereinafter referred to as “D”) E forest 23,038 square meters (hereinafter referred to as “forest before division”).

On March 21, 2003, F forest land was divided from forest land before the division, and the area of G forest was 22,527 square meters (hereinafter “instant forest”).

B. On November 2002, the Gangseo-gu Busan Metropolitan Government selected the head of Busan Regional Maritime Affairs and Fisheries Office under the Ministry of Oceans and Fisheries of the Republic of Korea as the project implementer of the construction project on the Busan Sea Route (hereinafter “instant construction”). On December 23, 2002, the Busan Regional Maritime Affairs and Fisheries Office entered into a contract with the Defendant Daewoo Construction Co., Ltd. (hereinafter “Defendant Daewoo Construction”), the Defendant Hanjin Industries Co., Ltd. (hereinafter “Defendant Jin Heavy Industries”), and the Defendant Dae Forest Industry Co., Ltd. (hereinafter “Defendant Dae Forest Industry”).

Accordingly, the instant construction work was jointly executed by investing at the ratio of 45%, 35%, and 20%, respectively, in the case of the Defendant Daewoo Construction, the Hanjin Industries, and the Daelim Industry (hereinafter referred to as the “Defendant Construction”), respectively.

C. The Defendants collected soil and rock 22,680 cubic meters (hereinafter “the instant earth and stone”) from the instant forest by excavating the depth of 23 to 50 meters underground among the instant forest land without obtaining the Plaintiffs’ consent or consent, beyond the scope of lawful excavation permission. The said earth and stone were treated as private soil in the third section of the hinterland site of the Busan New Port (Public Relations Center) and executed by Busan New Port Co., Ltd..

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