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(영문) 창원지방법원 마산지원 2018.11.01 2017가단101372
손해배상청구의 소
Text

1. The Plaintiff:

A. Defendant B and Haban Group jointly with KRW 15,00,000 and with respect thereto, from March 30, 2017 to November 1, 2018.

Reasons

1. Basic facts

A. The Plaintiff is the owner of F forest land 5,950 square meters in Gyeongnam-gun, Gyeongnam-gun (hereinafter “instant forest”).

B. Defendant B and net C (hereinafter “Defendant B, etc.”) were public officials belonging to the Defendant Haan-gun, who are in charge of the forest afforestation project in the Haan-gun on January 2017, and when the forest owner files an application for felling trees or consents thereto, they requested Defendant Haan-gun Forestry Cooperatives to cut trees of the relevant forest land. Defendant Haan-gun Forestry Cooperatives (hereinafter “Defendant Haan-gun Forestry Cooperatives”) conducted felling trees at the request of two persons, such as Defendant B, etc.

C. On January 18, 2017, the Plaintiff, the owner of the instant forest, filed an application for felling trees of the instant forest, or the Defendant B, etc., who did not consent to felling said trees, was aware that he would obtain the Plaintiff’s consent from the owner of adjacent land in the instant forest, and requested Defendant Haan-gun Forestry Cooperatives to cut trees of the instant forest.

Accordingly, around January 18, 2017, Defendant Haan-gun Forestry Cooperatives cut trees of this case.

(hereinafter referred to as the “instant trees”) the trees of the instant forest cut by Defendant Haan-gun Forestry Cooperatives. (e)

On the other hand, the deceased on February 28, 2018, during which the instant lawsuit was pending, and the deceased on February 28, 2018, D, E (hereinafter “Defendant D, E”) is the deceased’s public successor (the shares in inheritance are D3/5, E2/5).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Summary of the parties' arguments

A. Since the Plaintiff’s assertion, two including Defendant B, and Defendant Haan-gun Forestry Cooperatives jointly committed an illegal act to cut and damage the trees of this case, the Defendants jointly are liable to compensate the Plaintiff for damages incurred by the damage of the trees of this case.

On the other hand, according to the result of the appraisal commission to the office of ordinary appraisers (hereinafter “the result of appraisal of this case”), the value of the trees of this case is 23,907.

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