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(영문) 춘천지방법원강릉지원 2016.11.23 2016가단4859
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The Plaintiff: (a) purchased all pine trees (hereinafter “instant pine trees”) located in Gangnam-si G and H (hereinafter “instant forest”) from the F type; and (b) acquired the ownership of pine trees in the instant forest.

After obtaining permission for the extraction of pine trees from Agyeong, the Plaintiff sold the instant pine trees in KRW 280 million on condition that it will recover pine trees and restore them to the next work. The Defendants interfered with the removal work of pine trees, thereby transferring the instant pine trees to Agyeong police in lieu of the instant pine trees.

The Defendants suffered damages equivalent to KRW 3.5 million in personnel expenses and KRW 280 million in pine trees by unlawful acts that interfere with the Plaintiff’s removal of pine trees.

The Defendants jointly have the duty to pay to the Plaintiff KRW 280,500,000 to the Plaintiff.

2. Determination

A. It is insufficient to recognize that the Plaintiff purchased the instant pine trees from a legitimate right holder on the sole basis of the descriptions of Gap evidence No. 1 and Gap evidence No. 2, and there is no other evidence to acknowledge it.

B. Even if the Plaintiff purchased pine trees from a legitimate right holder

Even if the plaintiff's claim is based on the premise that the defendant could not remove pine trees due to the defendant's illegal act, and there is no evidence to acknowledge it. Rather, according to the fact-finding results on the Gangnam-si I land (hereinafter "the land in this case"), the plaintiff's application for confirmation of production of pine trees for the extraction of pine trees from Class F is received, and the plaintiff's above application is because "the land owner in the land register is unregistered and the Korea Rail Network Authority is expected to process it according to the result of future adjudication in the process of accepting the land compensation."

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