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1. The Defendant’s KRW 5,00 and the Plaintiff’s 5% per annum from October 15, 2013 to July 11, 2018.
Reasons
1. Facts of recognition;
A. On April 28, 1999, the registration of ownership transfer was completed in the name of the Plaintiff on April 28, 199 with respect to the land of 18050 square meters in the Dong-gu, Nam-gu, Seoul Special Metropolitan City (hereinafter “the instant forest”).
B. On October 8, 2013, the Defendant: (a) cut 26 weeks of standing timber (hereinafter in this case’s standing timber) using mechanical saws as indicated in the attached list at Yannam-gu, Yancheon-si; (b) on the ground of the fact that the instant felling was not permitted by the head of a Si/Gun/Gu or the head of a regional Forest Office, the Defendant was sentenced to a fine of KRW 100,000 on September 8, 2016, and the said sentence became final and conclusive.
C. In fact, “D” in the instant criminal judgment is a clerical error of “C”, which is the parcel number of the instant forest owned by the Plaintiff, and as indicated in the attached appraisal sheet, the instant standing timber is indicated as “gluter” in the attached appraisal sheet, and was planted on the ground of the instant forest land owned by the Plaintiff.
(B) The Defendant did not submit evidence to the effect that the instant standing timber was located on the ground located on the land located on the Eth of the Dong-gu, Dong-gu, Chungcheongnam-gu, the area adjacent to the boundary of the instant forest, not on the Plaintiff’s standing timber, but on the ground that the boundary mark on the attached appraisal map was erroneous. However, the Defendant did not reverse the fact that the instant standing timber was located on the inside of the cadastral line indicated as the cadastral line indicated in the attached appraisal map and as the boundary of the instant forest, owned by the Plaintiff. [Grounds for recognition] Each entry or image of Gap 1 through 3, Gap 5 through 9 (including each number, and evidence No. 7 evidence No. 4, 5) and the result of the Defendant’s request
2. According to the facts of recognition as above, since the instant standing timber is owned by the Plaintiff, which was planted in the instant forest owned by the Plaintiff, the Defendant is liable to compensate the Plaintiff for damages caused by felling and damaging it.