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(영문) 창원지방법원마산지원 2017.09.21 2016가단100693

토지인도

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1. The Defendant’s KRW 23,621,510 as well as 5% per annum from March 1, 2016 to September 21, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an owner of 1137 square meters, 522 square meters prior to D, 1024 square meters prior to E, 268 square meters prior to G, 881 square meters prior to G, 863 square meters prior to H, 1081 square meters prior to G, and 1081 square meters prior to G.

(hereinafter referred to as “Plaintiff’s land”). (b)

On February 2010, the Plaintiff’s spouse J has used the Plaintiff’s land free of charge to the Defendant, but the Defendant managed the Plaintiff’s land, and upon the request of the J, decided to reinstate the Plaintiff’s land and deliver it to the Plaintiff.

Accordingly, the Defendant planted approximately KRW 4,400 trees on the Plaintiff’s land, and occupied and used the Plaintiff’s land.

C. The J demanded the Defendant to restore the Plaintiff’s land to its original state and deliver it to the Defendant in 2012, and the Defendant, by March 2013, intended to remove the trees planted on the Plaintiff’s land and restore the land to its original state.

However, the Defendant did not deliver the Plaintiff’s land to the Plaintiff by March 31, 2013.

Accordingly, from May 2013 to May 2015, J demanded the Defendant to transplant trees and deliver land on several occasions, and even send text messages to the Defendant that the Defendant would destroy the entire quantity of trees if the Defendant did not comply with the request.

Although the Defendant sent the J text messages “Stop to handle with saws,” the Defendant mainly avoided contact with J or respondeded to the J’s text messages.

E. Around March 31, 2014, the Defendant completed transplantation of trees planted on the ground of 522m2 square meters on the land located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, but did not remove trees planted on the other land.

On July 28, 2015, J cuts most of the Defendant's trees planted on the Plaintiff's land at its expense.

F. On December 16, 2015, the Defendant filed a criminal complaint against J as a crime of destroying and damaging property, but on the grounds that it is difficult to recognize the intention of J, there was a disposition of suspicion.

(In addition, the Defendant’s act causes damage to KRW 220,157,000, which is 220,157,000, from December 16, 2015.