토지인도
1. The defendant collects 300 m30 m3,000 m3,000 m3,000 m3,000 in Won-si, and deliver the above land to the plaintiff.
Facts of recognition
A. From January 13, 1984, the Plaintiff owned C Forest land 1,323 square meters (hereinafter “the instant forest”) in Suwon-si, Suwon-si.
B. In around 2007, the Defendant planted 300 g trees (hereinafter “the instant trees”) on the land of the instant forest without the Plaintiff’s permission and occupied and managed them.
C. On May 2016, the Plaintiff received the ownership of the instant trees from the Defendant and proposed to collect them, and the Defendant consented thereto.
[Grounds for recognition] According to the facts of recognition as to Gap evidence Nos. 1 and 2, collection of judgment of the purport of the entire pleadings, and request for extradition, the defendant is obligated to collect the trees of this case from the plaintiff and deliver the forest of this case to the plaintiff, barring any special circumstances. 2) The defendant alleged that he planted the trees of this case with the plaintiff's consent to planting trees in the forest of this case from the plaintiff's punishment, but on the ground that he obtained the plaintiff's consent from the plaintiff, not the owner of the forest of this case, he did not have the right to planting trees in the forest of this case, and thus, the defendant's assertion is not accepted.
1) As to the claim for damages, the Plaintiff is liable to compensate the Defendant for damages on the basis of the amount calculated by multiplying the officially announced value of the forest of this case by 5%. 2) In light of the fact of recognition, the Plaintiff is liable to compensate the Defendant for the damages equivalent to the rent of the forest of this case as the Defendant occupied and used the forest of this case, and thus, the Defendant is liable to compensate the Plaintiff for the damages.
However, the statement on the evidence No. 4 alone is insufficient to acknowledge the fact that the amount of damage is the same as the plaintiff's assertion, and there is no other evidence to acknowledge it.
3. However, if it is deemed that damage has occurred, but it is very difficult to prove the specific amount of damage due to the nature of the case, the court shall hold all pleadings.