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(영문) 수원지방법원 2013.06.21 2012가합14725
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From 2003 to 2005, the Suwon City Maintenance and Construction Office under the Defendant’s control performed the “The Construction Project” as the “The Construction Project”, which is located in the instant construction project area, for the purpose of acquiring trees owned by the Plaintiff listed on the ground B, C, and D located in the instant construction project area, around January 2004.

B. The plaintiff requested a reinvestigation after being notified of the above findings of the reinspection, and as a result, it was confirmed that on the ground of the above land, 87 weeks from the standard tree, 121 weeks from the mountain tree, 2,000 weeks from the mountain tree, 120 weeks from the mountain tree, 150 weeks from the mountain tree at the risk of D, 55 weeks from the 55 weeks from the mountain, 15 weeks from the mountain, 250 weeks from the mountain, 35 weeks from the mountain tree, 39 weeks from the mountain tree, 39 weeks from the mountain tree, 39 weeks from the high-speed tree, 4 weeks from the high-speed tree, 5 weeks from the mountain tree, 5 weeks from the large-scale tree, 1 share from the mountain tree, and 2 weeks from the pine tree (hereinafter collectively referred to as the "in the case").

C. The Defendant conducted an appraisal of the obstacles of this case, and paid the Plaintiff KRW 11,455,00 as compensation for losses incurred from the transfer of the obstacles of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 5, 6 (including branch numbers), Eul evidence 1, 2, and 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1 of the parties asserted that the Plaintiff leased ten parcels of land, including the land E and F, and the eight parcels of land, and cultivated the above land by planting trees, such as spfin standard tree, tree at risk, mountain tree, and mountain milk, as indicated in the table of the damage status of trees in attached Table 1.

However, from 203 to 2005, the Suwon National Road Maintenance and Construction Office under the Defendant’s control owns the Plaintiff by arbitrarily preparing a false appraisal report with respect to the above trees planted on the said land while performing the instant construction and the adjacent road construction work.

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