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1. Of the judgment of the court of first instance, the part against Defendant C in excess of the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. The Plaintiffs are those who share the E-land and its ground-building building (hereinafter “instant building”) with 1/2 shares, respectively, and have mainly resided in the North-gu, Gwangju, North-gu, and managed the said land and building.
B. Defendant D is the owner of G land and its ground buildings adjacent to the above land of the Plaintiffs (hereinafter “Defendants’ building”), and Defendant C is the spouse of Defendant D and also resides in the above building.
C. Defendant C filed a summary indictment for the crime of causing property damage and intrusion upon residence as follows, and filed a request for formal trial, but sentenced to a fine of KRW 2 million (2 million in Gwangju District Court 2017 High Court 2017 High Court 607). However, the appeal was dismissed, and the said judgment became final and conclusive thereafter.
around July 2016, trees located in the instant building are likely to be faced with the Defendants’ roof, and they entered the instant building in excess of the fences, and they easily sent 1g, 1g, 1g, 1g, ging tree owned by the Plaintiffs using the electric saw.
In the instant building, the two parts of the board board, which are the remainder of the Defendants’ housing roof construction work, were located in the instant building. On January 18, 2017, the Plaintiff entered the instant building without the consent of the Plaintiffs.
【Ground of recognition】 The fact that there has been no dispute, Gap’s entries or videos (including a serial number; hereinafter the same shall apply) with Gap’s 1 through 4, 5, 6, 7, 14, 16, 17, and 17, and the purport of the whole pleadings
2. Occurrence of liability for damages;
A. Defendant C infringed on the instant building, damaged 43 trees located in the said building, and committed a tort neglecting waste in the said building.
Defendant D, as the owner of the Defendants’ building, participated in or aided Defendant C’s above act.
Therefore, the defendants are jointly and severally liable to the plaintiffs.