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(영문) 대구지방법원 2017.12.21 2016가합200686
손해배상(기)
Text

The plaintiffs' claims against the defendants are dismissed in entirety.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

Basic Facts

Defendant D is the owner of F forest land in Gyeong-gun, Seongbuk-gun (hereinafter “the forest of this case”), and Defendant E, as Defendant D’s child, cultivated a medicinal herbs, such as brain ginseng, with the trade name “G Farmwon” in the forest of this case (hereinafter “the farm of this case”).

On December 24, 2015, Defendant E decided to perform the packing work, such as expanding the existing narrow sloping paths and piling up the stone sprinks in the direction of the instant forest and the deaf-do, the entrance of the village (hereinafter “instant packing work”), in order to facilitate access to the instant farming source, Defendant E requested the J to cut off or see the miscellaneous trees, who were engaged in the said construction work at the entrance of the village prior to the drilling work (hereinafter “the network”).

On December 29, 2015, the deceased died from the vicinity of the Sung-gun, Chungcheongnam-gun, the area of the packaging construction of this case from the H around 12:10 on December 29, 2015, and after the end of the section of the packaging construction of this case, the deceased saw mixed trees, etc. at a certain point of the forest roads of the instant forest located in the direction of the farm center of this case, and died from two alleys, etc. on the wind of shocking the back part of the head of the deceased.

(hereinafter “instant accident”). Plaintiff A is the wife of the Deceased, and Plaintiff B and C are the offspring of the Deceased.

[Grounds for recognition] In the absence of dispute, Gap 1 through 6, 9, 16 (including virtual numbers; hereinafter the same shall apply), Eul 1 through 3, and the purport of the whole pleadings, defendant Eul's assertion by the parties concerned is to create a way from the entrance of the village to the farm of this case for the operation of the farm of this case. The deceased is adjacent to about 110 meters from the point of completion of the packaging work of this case to the above farm of Korea.

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