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(영문) 수원지방법원 2015.12.10 2014가합67402
손해배상(기)
Text

1. The Defendant’s KRW 30 million to the Plaintiffs, as well as 5% per annum from August 23, 2014 to December 10, 2015.

Reasons

1. Basic facts

A. On July 21, 2009, the Plaintiffs purchased each share of 31,570.5/63,471 of E Forest land from Cheongju-si, Cheongju-si (hereinafter “instant forest”). On July 23, 2009, the Plaintiffs completed the registration of ownership transfer with respect to each of the instant shares. On August 1, 201, the Plaintiffs purchased each of the instant forest shares from F from 110/42,314, and completed the registration of ownership transfer with respect to each of the instant shares on August 5, 201.

The Plaintiffs own 1/2 shares of each of the instant forest land.

The Defendant is an owner of G forest land of 51,059 square meters adjacent to the instant forest in Chungcheongnam-si.

B. On May 23, 2011, the Defendant filed a building report with the head of Chungcheongnam-si I to newly build a house on the land outside H and three parcels of Chungcheong-si, Chungcheongnam-si, and on June 21, 201, the head of Chungcheongnam-si I accepted the said report and granted permission for conversion of the mountainous district to the Defendant and one parcel of land outside J.

C. On March 27, 2013, the Defendant, while performing the construction of a site for the construction of the instant housing, damaged the aggregate of 3,710 square meters indicated in the annexed Form 1 drawings, including part of the instant forest, outside the area where permission for conversion of mountainous district was granted.

The Defendant received an order to recover mountainous districts with respect to the above damaged parts from the Chungcheong market, and received an inspection on the completion of the restoration of unlawfully converted mountainous districts from the Chungcheong market by restoring the damaged parts in accordance with such order.

E. The special judicial police officer of Chungcheong-si sent the case to the public prosecutor's office on suspicion that the Defendant exceeded the area permitted to convert mountainous districts and violated the Mountainous Districts Management Act by damaging the mountainous district.

F. On March 1, 2014, the Defendant prepared a factual confirmation (Evidence A 4) that recognizes the fact that the instant forest land was damaged, such as cutting trees in the instant forest.

G. The Defendant installed iron brooms in the attached Form 3 (hereinafter “Broom part”) among the annexed drawings, and removed all of the said iron brooms on June 2015.

[Grounds for recognition] without dispute;

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