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(영문) 대전지방법원천안지원 2014.03.14 2013가단23118
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On September 11, 1995, the Plaintiff asserted that he leased a parcel of land outside the B in the Yan-si (hereinafter “instant parcel of land”) from the Defendant, and planted on the ground the trees worth KRW 38,240,000 (hereinafter “the trees of this case”) at the market price, such as pine trees and white red, etc., and damaged the trees of this case while performing road extension works on March 14, 201.

The above Corporation was implemented with the consent of the defendant, and the defendant has a duty to notify the person in charge of the above consent that he should obtain separate consent from the plaintiff who is the owner of the trees of this case, and in spite of the duty to notify the plaintiff in advance and to prevent damage, it neglected to do so, thereby causing such damage to the plaintiff

Therefore, the defendant is obligated to pay the amount equivalent to the market price of the trees of this case to the plaintiff as damages.

2. It is not sufficient to recognize that the Plaintiff planted the instant trees on the instant land only with the evidence Nos. 1 to 21 (including the paper numbers) and that the said trees were damaged in the course of road construction, and there is no other evidence to acknowledge otherwise.

In addition, it is difficult to conclude that the above construction works may damage the trees of this case, and that the person in charge should obtain the Plaintiff’s consent, or that the Plaintiff has a duty to notify the Plaintiff of the construction works in advance.

Therefore, the plaintiff's above assertion is without merit without further review.

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