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(영문) 대구지방법원 2018.02.22 2016가단111697
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. Basic facts

A. Nonparty F and G (hereinafter “F, etc.”) leased the instant land from Defendant B and C (hereinafter “Defendant B, etc.”) who is the co-owner of the land listed in the [Attachment 1] List in 2005 (hereinafter “instant land”) and conducted landscaping business by planting trees, such as pine trees.

B. On April 9, 2013, F, etc. sold trees on the instant land at KRW 1 billion to Nonparty H Co., Ltd. (hereinafter “H”).

On the other hand, H and the Plaintiff drafted a certificate on April 9, 2013 confirming that trees are owned by the Plaintiff.

(A) Evidence No. 10 (C)

On October 5, 2015, Defendant B, etc. leased the instant land to Defendant D’s representative of Defendant D Co., Ltd. (hereinafter “Defendant D”) at KRW 1.5 million per annum for three years.

E filled up soil and rocks on the instant land, and caused some trees to be dead. D.

Meanwhile, even after selling trees to H, F et al. taken them out several times from April 2016. On May 17, 2016, when intending to take the trees out of H, Defendant E was prevented from taking them out and failed to take them out thereafter.

E. On May 20, 2016, around May 20, the Plaintiff attached a label indicating that he/she owns the Plaintiff’s ownership of each tree in Defendant E-M trees.

F. On the land of this case, there are trees brought up and dead trees, such as attached Table 3.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 through 4, 8 through 12, 15 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 3 through 6, Eul witness I's testimony, the result of this court's on-site inspection, the result of appraiser J's expert inquiry into the head of Daegu Metropolitan City, the purport of this court's whole arguments, and the purport of the whole arguments

2. The parties' assertion

A. The Plaintiff, which caused the Plaintiff’s claim, acquired ownership of trees by purchasing trees from F, etc. and attaching a label.

Defendant B, etc. and Defendant D (Preliminary Defendant E) shall be the instant land.

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