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(영문) 대전지방법원 2018.02.01 2016가단20920
손해배상(기)
Text

1. The Defendant’s KRW 27,603,081 as well as the Plaintiff’s annual rate from April 30, 2014 to February 1, 2018.

Reasons

Facts of recognition

A. The Plaintiff acquired ownership by completing the registration of ownership transfer on November 26, 1971, the forest land of 16,760 square meters (hereinafter “the forest of this case”) D 16,760 square meters in Seosan-si (hereinafter “Cri”) is the land that the Plaintiff acquired by completing the registration of ownership transfer.

B. On February 22, 2008, the Defendant obtained a disposition to divert a mountainous district for the purpose of establishing a factory in the name of F in the name of E forest owned by the Defendant, as land adjacent to the instant forest, and the said disposition has been extended until February 28, 2015.

The above forest was divided into G land for factory after registration conversion, land category change, etc.

(hereinafter referred to as “Defendant-owned forest land”) the above E forest land before its division is divided.

On October 30, 2014, the Defendant received a summary order of KRW 3 million for a crime of violating the Management of Mountainous Districts Act, stating that “Around April 2014, the Defendant collected earth and stones of KRW 48,744 square meters in a mountainous district of approximately 3,528 square meters in the instant forest and the Defendant’s forest, etc. without obtaining permission for gathering earth and stones, and ② cutting and raising a mountainous district of approximately 1,635 square meters in the instant forest without obtaining permission for mountainous district conversion and diverting the mountainous district.”

The above summary order was finalized around that time.

(hereinafter “Related Summary Order” (hereinafter “Related Summary Order”). Inasmuch as there is no dispute, Gap evidence Nos. 11, 12, 15, 20 through 22, Eul evidence Nos. 6, and Eul evidence Nos. 6, the result of this court’s on-site inspection, the fact inquiry conducted by this court on Jan. 17, 2018 regarding the market in mountain, and the overall purport of the pleadings, the occurrence of liability for damages arising from the judgment of the whole purport of the pleadings) in a civil trial, the fact which has been recognized in the related criminal trial, barring any special circumstance, is a flexible evidence (see, e.g., Supreme Court Decisions 95Da45286, Jun. 11, 1996; 2004Da19647, Jan. 13, 2005; 2012Da9300, Sept. 13, 2013).

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