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(영문) 대전지방법원 2017.07.05 2015가단7357
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s basic facts are the owners of 40281 square meters of C forest land in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter in this case, referred to as the “instant land”). The fact that the Defendant owned 470 square meters of adjacent paddy field and 441 square meters of E field from June 17, 2013 is no dispute between the parties.

2. Around 1999, the Plaintiff’s summary of the Plaintiff’s assertion was he stored a stone shed on the boundary in order to prevent earth and sand from being lost (around 1.5 meters in width, approximately 200 meters in length). Around November 2013, the Defendant destroyed the boundary of the stone shed without permission and used the part that damaged the stone shed for personal purposes.

In addition, due to the destruction of stone embankments, damage was inflicted on the land of this case by re-entry the soil into the lost land due to the destruction of stone pens.

Therefore, the Defendant is obligated to compensate the Plaintiff for damages of KRW 37.7 million, the land creation cost of KRW 20 million, the sum of KRW 57.7 million.

3. In full view of all the evidence presented by the Plaintiff, it is insufficient to recognize that the Defendant damaged tin, such as the Plaintiff’s assertion on the land in this case and the land D or E owned by the Defendant, and there is no other evidence to acknowledge this otherwise.

4. In conclusion, the plaintiff's claim is dismissed as without merit. It is so decided as per Disposition.

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