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(영문) 의정부지방법원 2017.08.10 2017가단5921
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Plaintiff’s assertion

The Plaintiff planted trees (hereinafter “instant trees”) on the ground of the 15,466 square meters of Gangseo-gu, Gangwon-gun, Seowon-gun, which owned the instant trees owned by the Plaintiff without the Plaintiff’s consent, and thus, the Defendant is liable to compensate the Plaintiff for damages caused by the tort.

However, the Plaintiff filed a claim for damages on the premise that the instant tree is owned by the Plaintiff.

According to the statement in Eul evidence No. 2, it is acknowledged that the ditches of this case, which were the trees of this case, were owned by the Republic of Korea, not the plaintiff. Thus, unless there is no proof that the plaintiff had a legitimate title to planting the trees of this case on the ditches of this case, which are owned by the Republic of Korea, the trees of this case cannot be viewed as the plaintiff's ownership. Thus, the plaintiff's assertion based on the premise that the trees of this case are owned by the plaintiff is owned by the plaintiff is without merit.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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