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(영문) 춘천지방법원강릉지원 2015.12.15 2015나1038
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking into account the occurrence of liability for damages, Gap evidence Nos. 1, 2, and 5, Eul evidence Nos. 7-1 through 6, Eul evidence Nos. 5, Eul’s testimony and the overall purport of oral argument by witness C, Eul leased from the defendant the riveryang-gun E and F land owned by the defendant (hereinafter “instant land”) for landscaping on the above ground, and the plaintiff entered into a contract with D on October 19, 2012 to take over pine trees 83 glus (hereinafter “instant pine trees”), which were planted from D as above, and the plaintiff again requested the defendant to carry out 30 glusium management and purchaser of the instant pine trees at the time of health problems, and only the remaining 30 glusium tree management and purchaser of the instant pine trees at the time of the above request to 30 glusium, and only the above 30 glusium were found to have been under 30 glusium at the time of the above 14 glusium.

According to the above facts of recognition, it is reasonable to deem that 33g of the instant pine trees were cut, and since the instant pine trees were planted based on the right to lease the instant land and owned by the Plaintiff, the Defendant’s act of cutting pine trees as above constitutes a tort by infringing the Plaintiff’s property right, which constitutes an act of infringing the Plaintiff’s property right.

Therefore, the defendant is liable to the plaintiff for damages sustained by the plaintiff due to the above act due to the tort.

(b).

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