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1. The Defendant’s KRW 140,000 and the following day with respect to the Plaintiff’s KRW 5% per annum from June 12, 2014 to June 9, 2015.
Reasons
1. Facts of recognition;
A. On January 23, 2014, the Plaintiff planted trees and other trees on the said land, as an owner of 3,456 square meters in Tong-si, B, and on which 1,765 square meters of the said land (hereinafter “instant land”; and the remaining land not expropriated was expropriated as a site for a Han Sea National Park Parking in Korea by a ruling of the Central Land Expropriation Committee (hereinafter “instant remaining land”), and the compensation for trees and trees located on the instant land (hereinafter “the instant trees”) was adjudicated as KRW 4,385,00,000, which was appraised by multiple appraisal institutions in lieu of transplant costs.
B. On June 2014, the Defendant concluded a contract with the Korea Sea National Park to construct a new parking lot on the instant land (hereinafter “instant construction”) and implemented the construction project.
C. On June 2014, the Defendant buried all trees of this case, which were either on the instant land or were transferred for transplant during the process of civil engineering works among the instant construction works.
[Ground of recognition] The fact that there is no dispute, Gap's statements or images, and the purport of all pleadings as to Gap's evidence (including branch numbers, if any) No. 1, 2, 3, 5, 7, 8, 10, 11, 21, and Eul's evidence No. 1 through 4 (including branch numbers, if any)
2. The parties' assertion and judgment
A. 1) The Plaintiff asserts that, at the Plaintiff’s request, the Defendant transferred the entire trees of this case to the remaining land of this case, but all of them were buried by the Defendant’s negligence during the process of civil engineering works during the instant construction, so the Plaintiff should compensate the Plaintiff for damages incurred therefrom.
B) Upon the Plaintiff’s request, the Defendant moved large trees among the trees of this case to one part of the land of this case. However, on the wind that the Plaintiff did not transplant, the Defendant asserted that the above trees were buried without the Defendant’s negligence during the process of civil engineering works among the instant construction works. 2) The Defendant’s judgment is the Plaintiff.