(영문) 전주지방법원 2018.10.05 2017가단10116

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2018.10.05 2017가단10116

원상회복 등

Text

1. The Defendant shall collect all plants and trees planted on the surface of 928 square meters in Jeonbuk-gun, Jeonbuk-gun, Jeonbuk-gun, the Plaintiff.

2. The plaintiff.

Reasons

1. Basic facts

A. From January 1, 2004 to December 31, 2013, the Plaintiff obtained permission to occupy and use the C928 square meters (hereinafter “the instant river site”) from the head of the complete Gun with the head of the complete Gun with respect to the relevant river site located in Seoul Special Metropolitan City (hereinafter “the instant river site”). On December 10, 2013, the said period of permission to occupy and use was extended from January 1, 2014 to December 31, 2018.

B. On June 27, 2018, the Defendant was sentenced to a fine of KRW 1 million for the crime of causing property damage, which stated that “from March 18, 2017 to 08:00, to 17:00, the Defendant excavated from the instant river site to 17:00, the Plaintiff excavated from the instant river site to 17:00, the Plaintiff excavated from 5 to 6glus in a disaster,” and became final and conclusive.

(hereinafter referred to as “related criminal case”). (c)

Around March 18, 2017, the Defendant excavated pine trees planted by the Plaintiff, as stated in the foregoing sub-paragraph (b), and planted trees, such as vegetables, pine trees, and pine trees, in the instant river site.

[Ground of Recognition] Unsatisfy, Gap evidence 1-1, Gap evidence 2-1, Gap evidence 4-2, Eul evidence 2, Gap evidence 8-5-1 and 6-2, each of the images of Gap evidence 5-1 and 2

2. Determination on the cause of the claim

A. On March 18, 2017, the Defendant asserted that the Plaintiff occupied the instant river site with the permission to occupy and use, excavated 30,000 trees, mulberry 30,000,000 (hereinafter “Plaintiff-owned trees”), and excavated 20,000,000 won of trees, 5,000,000,000 won of trees, such as vegetables, pine trees, and pine trees planted by the Plaintiff.

Therefore, the Defendant is obligated to collect all plants and trees planted by the Defendant to the Plaintiff in the instant river site. The Defendant is obligated to pay to the Plaintiff the damages incurred by the excavation of the trees owned by the Plaintiff due to the tort amounting to the total of KRW 5,000,000 and KRW 3,00,000,000, and the damages incurred by delay.

B. The determination of the claim for removal of plants and trees is based on the facts of recognition.

유사 판례

-서울중앙지방법원 2018.05.15 2017나78133

-전주지방법원 2018.06.27 2018노98

-대전지방법원 서산지원 2017.02.17 2016가단8154

-대전지방법원 홍성지원 2021.02.17 2020가단34912

-전주지방법원 2015.10.30 2015노854