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(영문) 대전지방법원 2020.07.21 2019나111064
분묘굴이
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff (Counterclaim Defendant) corresponding to the following amount ordered to be paid.

Reasons

1. The scope of the appellate court’s judgment in light of the Plaintiff’s purport of appeal and the reasons for appeal is limited to the damage claim (finite expenses of pine 200 gys) incurred by installing charnel houses in the part of the instant forest, which had been attached to the Defendants, in sequence 1 to 10, and 736 m2 (hereinafter “the part of the instant forest”) connected with each of the items in the attached drawing Nos. 1 to 10, 100 among the instant forest land, and cutting down the trees located there.

2. Facts of recognition;

A. On April 18, 2012, the Plaintiff received the registration of transfer of ownership from the clan members, who held title trust with respect to the instant forest land (the area was mistakenly registered as 2082 square meters and was corrected on January 23, 2017).

B. Around November 2015, the Defendants removed trees in the parts of the instant forest without the Plaintiff’s consent, and created the Defendants’ punishment and the surrounding vacant land necessary for the charnel of a penal tree, the head of a tree, and the head of a tree.

C. By March 15, 2019, the Hongsung-gun ordered Defendant D to transplant side trees planted in the part A from among the instant forest land, and to restore pine trees (not less than 50cm) to a forest at intervals of not less than 2 meters in depth. D.

around March 2019, Defendant D moved a charnel located in the part of the instant forest to another place, and planted 100 cc trees with a height of 50 cm (unit price of KRW 9,000).

[Reasons for Recognition] Gap 3, 4, 15 through 19, Eul 4-2, the purport of the whole pleadings

3. The parties' assertion

A. The Defendants asserting that the Plaintiff’s assertion is liable to compensate for damages of KRW 20 million, which is the same expenses for planting pine trees, since the Plaintiff created a tombstone in the instant forest area for at least 50 years, and recovered 200 gins that had been located therein, without the Plaintiff’s consent.

Even if it is not the same as the trees removed by the Defendants, trees with a diameter of 10 cm can grow properly. Expenses, such as planting and planting of such trees, and giving oil and water to them after planting, are approximately KRW 20 million.

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