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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 4,930,00 and 5% per annum from September 2, 2014 to November 5, 2014.
Reasons
1. Basic facts
A. The Plaintiff initially owned Nonparty E with the land of this case, 567 square meters in Daegu-gun, Daegu-gun (hereinafter “instant forest”). However, on October 30, 1985, the Plaintiff purchased the instant forest from E in KRW 1,124,000, and completed the registration of transfer of ownership on the ground of donation made by the Plaintiff on January 28, 1989 under the Plaintiff’s name.
B. On March 2013, Defendant C, who owned a 1,574m2 near Daegu-gun, Daegu-gun, Daegu-gun, and could have access to the forest of this case, was installed with Defendant B, his husband, as well as with Defendant B, at his own discretion, a road with a 3-meter radius of the width of the forest of this case (hereinafter “instant road”) and a 1-meter high, approximately 6 meters long, and a 30m30m2 of the instant forest of this case (hereinafter “the instant embankment”).
C. The costs of KRW 4,930,00 are required to restore the instant road and embankment installed by the Defendants to the original state with soil.
[Ground of Recognition] Facts without dispute, Gap evidence 1 through 3, Gap evidence 4-1 through 5, Gap evidence 5-1, 2, Gap evidence 6, Gap evidence 7, Gap evidence 8-1 through 9, Gap evidence 10, Gap evidence 11, Gap evidence 12-1 through 4, Gap evidence 13-1, Eul evidence 13-2, Eul evidence 13-2, witness G testimony, the result of the appraisal commission to appraiser H by this court, the purport of the whole pleadings
2. Determination
A. According to the facts of the judgment as to the cause of the claim, the Defendants are obligated to compensate the Plaintiff for the above KRW 4,930,000, jointly and severally, for damages equivalent to KRW 4,930,000, by installing the instant road and stable on the instant forest owned by the Plaintiff, thereby damaging approximately 30 square meters among the instant forest land.
Furthermore, since the Defendants intentionally damaged trees 14glus and oxygen in the instant forest, etc. owned by the Plaintiff, the Plaintiff is also obligated to compensate for consolation money of KRW 15,00,000.