logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원영덕지원 2017.04.04 2016가단4575
손해배상(기)
Text

1. The Defendant: (a) KRW 8,020,000 for the Plaintiff and 5% per annum from December 7, 2016 to April 4, 2017; and (b) from the next day.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the instant forest land and standing timber on the ground of the instant forest land, which is not less than 29,664 square meters of forest land B in Gyeongbuk-gun (hereinafter “instant forest”) and the Defendant is a corporation with the aim of forest management projects.

B. F, the owner of 19,037 square meters of land C, D forest 15,311 square meters of land, E forest 61,472 square meters (hereinafter collectively referred to as “instant adjacent forest”) adjacent to the instant forest, was awarded a contract to G for felling standing timber on the ground adjacent to the instant forest.

C. On January 2016, G filed an application with the Defendant for a boundary marking of a felling zone, and the Defendant’s Staff H, without knowing that the instant forest was divided from the said E forest, indicated that part of the instant forest was included in the felling zone by impairing the boundary between the instant neighboring forest and the instant forest.

G cut standing timber on the ground of the instant forests and fields in accordance with the indication of the felling zone indicated by H while cutting down standing timber on the ground of the instant forests and fields.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, 28, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts of the recognition of the liability for damages, the defendant has a duty of care to prevent felling standing timber on the ground of another person's forest land by examining the current status of forests, legal relationship, forestry map, etc. when it is a corporation for forest management projects, such as felling of trees in a nutrition group, etc.

Nevertheless, the Defendant’s employees H did not confirm the fact that the instant forest was divided into the said E forest, thereby including the instant forest in the felling zone, by indicating the felling zone in accordance with the boundary of the E forest before the division. The instant forest is damaged to the Plaintiff, the owner of standing timber on the ground of the instant forest, by having G cut standing timber in accordance with the marking of the felling zone.

arrow