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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. On July 1996, the Plaintiff completed the registration of ownership transfer on D’s land located in Hongcheon-gun, Hongcheon-gun (hereinafter “Plaintiff’s land”) and owned the Plaintiff’s land up to now.
B. Around April 2015, Defendant B completed the registration of ownership transfer as to a part of the land located in Hongcheon-gun E (hereinafter “Defendant’s land”) adjacent to the Plaintiff’s land, and Defendant C was a person who performed the construction of a electric house according to Defendant B’s instruction.
C. Meanwhile, at the time of purchasing the Plaintiff’s land, the Plaintiff was also transferred the ownership of night tree 3glus on the Plaintiff’s land to indicate the boundary between the Plaintiff’s land and the Defendant’s land from the former owner.
However, around September 4, 2015, the Defendants damaged one gym (hereinafter “the instant night tree”) out of the said night tree to roots by using a crym gun without the Plaintiff’s consent, on the other hand, around 13:30.
E. At the time, the instant night tree was received for about 40 years and the Plaintiff was ordered to suspend it for about 20 years.
F. Therefore, the Defendants are jointly and severally liable to pay the Plaintiff KRW 3,00,000,000, which is equivalent to the market price of the instant tree at night due to the tort, as well as KRW 8,000,000, in total.
2. In light of the following circumstances acknowledged by the respective descriptions of evidence Nos. 4 through 10 (including paper numbers) and the purport of the entire video and oral pleadings, each statement of evidence Nos. 5 (including paper numbers) that the instant night tree corresponds to the fact that it is owned by the Plaintiff is hard to believe, and there is no other evidence to acknowledge that the market price of the instant night tree is KRW 3,00,000, and there is no evidence to acknowledge that the instant night tree is KRW 3,000.
Therefore, the plaintiff's assertion is not accepted.
A. Defendant B, etc. filed a claim against the Plaintiff for removal of a building on the ground that the building owned by the Plaintiff was invaded by the Defendant’s land.