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(영문) 서울중앙지방법원 2016.05.31 2015나66532
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. Around May 26, 2010, Nonparty B, the husband of the Plaintiff, established a work with a width of 3.5m, 350m, 350m, and 1,225m2 in a forest owned by another party, and created a site for installing a cemetery equivalent to a size of 503m2 in a forest owned by the Plaintiff, which is located in the Republic of Korea, (a) around May 26, 2010, as well as a forest owned by a third party, E, and (b) around 1,225m2.

(hereinafter, this case's unauthorized Conversion Act). B

B was prosecuted as a violation of the Mountainous Districts Management Act by the Seogu District Court 2010 High-Ma1812 on the instant unauthorized diversion of mountainous district, and was sentenced to six months of imprisonment and two years of suspended execution on December 3, 2010, and the judgment became final and conclusive as it is.

C. H, who is a public official of the elderly military administration, investigated the instant unauthorized diversion act as a special judicial police officer, and prepared a “illegal Forest Damage Investigation Report” (Evidence A; hereinafter the same shall apply), which calculated the damage amount of forest land damaged by the act of diversion of mountainous district in the Korea Forest Service by applying the standard amount of calculation of expenses for recovery of mountainous district in the Korea Forest Service in 2010.

According to the investigation report of this case, the amount of damage to the forest of this case was KRW 7,446,00.

E. D, the owner of the instant forest land, filed a civil suit against B seeking compensation of KRW 7,446,000 for property damage caused by the instant act of diverting land without permission (Seoul District Court Western District Court Branch Decision 2012 Ghana59365), and submitted as evidence a copy of the instant investigation report received from H in the said lawsuit.

F. On February 19, 2013, the said court rendered a judgment in favor of all D.

B Objecting to this appeal, the Daegu District Court (Seoul District Court 2013Na6405), and the above appellate court paid 2 million won to D on November 25, 2013, and D made an adjustment to the effect that the remaining claims were waived.

B paid 2 million won to D on January 20, 2014.

(g)...

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