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(영문) 광주지방법원 순천지원 2018.11.01 2017가단72192
손해배상(기)
Text

1. Defendant C’s KRW 5,54,857 to the Plaintiffs, as well as KRW 5% per annum from January 23, 2017 to November 1, 2018.

Reasons

1. Basic facts

A. The Plaintiffs, who share one-half shares of each of the E land and its ground buildings (hereinafter “instant building”) at the time of leisure, had resided mainly in the F of Gwangju Northern-gu, and managed the said land and buildings.

B. Defendant D is the owner of G land and buildings adjacent to the Plaintiffs’ land (hereinafter “Defendants’ buildings”), and Defendant C is the person who resides in the said building together with Defendant D.

C. Defendant C was charged with summary indictment on April 23, 2018 due to the following acts, and was sentenced to a fine of KRW 2 million due to the crime of property damage and intrusion upon residence in the instant case No. 2017Da607, Apr. 23, 2018.

around July 2016, trees located in the instant building are likely to be faced with the Defendants’ roof, and are snacked well by using electric saws, two parts of the board, which are construction materials remaining after constructing the roof of the Defendants’ building, and are located in the instant building without the consent of the Plaintiffs on January 18, 2017, on the following grounds: (a) 1glus, 1glus, 1glus, 1glus, and 1glus owned by the Plaintiffs; (b) 2glus within the instant building; (c) hlus, which are parts of construction materials remaining after constructing the roof of the Defendants’ building; (d) hlus, without the consent of the Plaintiffs.

The Plaintiffs’ trees owned by Defendant C, as seen above, are class 9, 16 weeks, such as the Gu wood, cut trees, and refining (hereinafter collectively referred to as “the instant trees”). The market value is KRW 2,408,200, and the expenses incurred in extracting and disposing of them (including expenses for the restoration of the earth, etc.) are KRW 949,764.

[Ground of recognition] Unsatisfy facts, Gap evidence 1 to 4, 6, 7, 14, Eul evidence 1 to 1 (including paper numbers) and images, appraiser H's appraisal results, significant facts to this court, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiffs asserted that the Defendants infringed on the instant building and destroyed trees located in the said building and neglected wastes, thereby resulting in a tort.

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