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(영문) 서울남부지방법원 2020.09.11 2020나259

토지사용 및 원상복구비

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The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. The assertion and judgment

A. (1) The Defendant, without the Plaintiff’s approval in 2000, has rejected the Plaintiff’s request for restitution even though he tried 255 glue trees on the land of Jeonsung-gun, Jeonsung-gun (hereinafter “instant land”).

Accordingly, the Plaintiff mobilized human and equipment around April 2018, and the Defendant laid down 255 glue trees from the Defendant’s heart. At its expense, the Defendant spent KRW 4,675,00 in total of KRW 2,80,000 and wage of KRW 1,875,00.

Therefore, the defendant is obligated to reimburse the costs of KRW 4,675,00 paid by the plaintiff to the plaintiff.

(2) The instant land by the Defendant is not owned by the Plaintiff.

The Defendant did not planting trees on the land of this case.

Therefore, the defendant cannot respond to the plaintiff's request.

B. The evidence presented by the Plaintiff alone is insufficient to acknowledge the Plaintiff’s above assertion, and there is no other evidence to acknowledge it. Rather, considering the overall purport of the pleading, the land of this case can only be acknowledged as owned by D, which is the Plaintiff’s attachment. Therefore, the Plaintiff’s above assertion is without merit.

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. Since the judgment of the court of first instance is unfair with different conclusions, the defendant's appeal is accepted, and the judgment of the court of first instance is revoked, and the plaintiff's claim is dismissed. It