(영문) 광주지방법원 2021.01.14 2018가단531132

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Reasons

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자간(%)

(영문) 광주지방법원 2021.01.14 2018가단531132

손해배상(기)

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1. The Defendant’s KRW 22,200,000 as well as 5% per annum from October 23, 2016 to January 14, 2021 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. 1) The Plaintiff was the owner of 2660.6m2, Nam-gu, Gwangju (hereinafter “instant land”) in around 2009.

C Lease of land from C, and planting 60 glue trees on the ground of the instant land.

2) On August 8, 2016, the Defendant entered into a pre-contract with C to sell and purchase the instant land, and completed the registration of the provisional registration on September 19, 2016 for the right to request the transfer of ownership on the instant land, and on January 31, 2017 for the transfer of ownership on the said provisional registration.

3) On September 20, 2016, from around October 23, 2016 to around October 23, 2016, the Defendant: (a) entrusted E with molding from the instant land; (b) laid down 60gs of sloping trees owned by the Plaintiff, which were planted on the said land without the Plaintiff’s consent.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 5, Eul evidence No. 1, witness F's testimony, the purport of the whole pleadings

B. The following circumstances are acknowledged by comprehensively considering the evidence Nos. 7 through 9, the witness F’s testimony, and the fact-finding with respect to the G G limited company of this court as follows: ① purchasing shot tree around 2009 and supplying part of the Plaintiff’s purchase to G limited company that executed “Ycheon tree planting” business, and planting the remainder on the instant land.

In light of the following: (a) the details of H’s deposit transaction; (b) the response of fact-finding by the G limited company, support the credibility of the Plaintiff’s assertion; and (c) according to the video of the satellite photograph on the land of this case taken before the Defendant cutting down scar trees, the Defendant appears to have been about 60% of scar trees planted on the land of this case; and (c) the fact that the Defendant destroyed 60gs of scar trees owned by the Plaintiff.

Therefore, the defendant is responsible for compensating for damages suffered by the plaintiff due to the damage to 60 glue trees.

(c)

The defendant's judgment on the defendant's assertion of offsetting negligence is the seller of the land of this case.

유사 판례

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