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(영문) 수원지방법원여주지원 2019.12.26 2018가단765
손해배상(기)
Text

1. The Defendants jointly share KRW 24,348,650 to the Plaintiff, and Defendant B from February 15, 2018 to Defendant C.

Reasons

1. Facts of recognition;

A. On January 26, 2016, the Defendants completed the registration of ownership transfer with respect to each of 1/2 shares of F forest land of 231 square meters, G forest land of 12,924 square meters, H forest land of 5,288 square meters, and 803 square meters of I forest land of 2016 (hereinafter “instant land, etc.”).

On October 13, 2017, Defendant C obtained permission for the development of detached houses (five complexes) construction and road site creation on the land of this case, etc., and Defendant B entered into a contract with J Co., Ltd on June 2, 2017 for services for permission for the development of electric source housing site and building report on the land of this case.

B. The Plaintiff is the owner of K forest land 2,975 square meters adjacent to the I land (hereinafter “instant land”).

C. On October 27, 2017, L in a de facto marital relationship with Defendant B, on behalf of the Defendants, requested the supplementary intervenor D (hereinafter “participating”) to perform a tree management work with respect to trees indicated by combining or decreasing a yellow dust, and the intervenor felled the trees indicated as a reduced price to receive the proceeds of disposing of the trees planted in return. Of the trees, among the trees owned by the Plaintiff, I’s land and the boundary line with I’s land were 140 square meters adjacent to the instant land, where many of the land owned by the Plaintiff were ired towards the instant land.

[Identification Evidence: Evidence No. 1 to 11 (including paper numbers; hereinafter the same shall apply)

(2) Exclusionary evidence: Partial entry or video of the evidence No. 1 of Eul; inquiry result of this court's fact inquiry about M by a certified judicial scrivener; witness's partial testimony or whole purport of oral argument: Exclusionary evidence: Partial entry of the evidence No. 1 of Eul 1 to 13; witness's partial testimony.

2. Determination on the occurrence and scope of liability for damages

A. In lieu of the Defendants or the Defendants, the key user of Plaintiff 1’s assertion by the parties.

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