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(영문) 청주지방법원 2019.11.07 2019가단807
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. Since around 1968, the Plaintiff agreed that 60% of the profits of the forest products of this case from the forest products of this case from around 1972, while he was managing from around 1968 the Jincheon-gun, Jincheon-gun, F, and G real estate (hereinafter “the forest land of this case”) owned by the instant clan as a whole auditor of the D clan (hereinafter “the clan of this case”). around 1985, the Plaintiff planted 10,000 mar trees on its ground.

B. On September 2015, the Defendant purchased the instant forest from the instant clan and created an industrial complex, and disposed of the Plaintiff’s standard tree on its ground.

Plaintiff

Since the damage of the standard tree owned without any compensation, the Defendant is obliged to pay the Plaintiff KRW 90,117,685 as compensation for the standard tree, KRW 33,00,000, transportation expenses for the 3333 years, transportation expenses, KRW 336,64,00, and KRW 10 million for mental damage.

2. Determination

A. The facts of recognition 1) The instant clan, including the instant woodland, was incorporated into the I Industrial Complex on May 1, 2014 by the public announcement of the Chungcheongbuk-gun, Jincheon-gun, Chungcheongnam-do, and the instant clan, its owner, around December 2014, delegated it to the executive officers, including the president, as to the case of selling the said 11 piece of real estate to the Defendant, who is the executor of the instant clan. On September 2, 2015, the Defendant entered into a sales contract with the instant clan around September 2015, and completed the registration of ownership transfer on May 2, 2016.

3) Of the instant forest land, F and G land were divided by the JJ around 2015, and J land was subdivided from K around 2006 (hereinafter collectively referred to as “undivided forest”) by Jcheon-gun around 1985.

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