토지인도
1. The Defendant shall pay to the Plaintiff KRW 1,523,064 and the interest rate of KRW 12% per annum from November 20, 2019 to the day of complete payment.
1. Facts of recognition;
A. The Plaintiff completed the registration of ownership transfer on October 15, 2007 on the ground of public sale on September 28, 2007 with respect to the land of 29m29m2 (hereinafter “instant land”).
B. The Defendant completed the registration of ownership transfer on the ground of sale on December 14, 2004 with respect to the 305 square meters of Gangwon-gun E, Gangwon-gun, which is adjacent to the instant land.
C. On the instant land, F or G planted trees and obstacles, the former owner of the instant land, but the Defendant purchased the said land, and acquired ownership of trees and obstacles.
The defendant now removes all the above trees and obstacles.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 6, 7, Eul evidence Nos. 1 and 3, the purport of the whole pleadings
2. Summary of the parties' arguments
A. The Plaintiff’s assertion was the owner of landscape trees and obstacles on the instant land. On December 19, 2018, the Defendant used the instant land without any legal ground before removing the above landscape trees and obstacles.
Therefore, the Plaintiff filed a claim against the Defendant for the payment of KRW 1,527,440, which is equivalent to the rent from the 10-year calendar period from the date of the instant lawsuit to December 19, 2018, and damages for delay.
B. The Defendant asserted that the instant land was owned by the Plaintiff and removed all landscape trees and obstacles around December 7, 2018 after the instant lawsuit was filed.
In addition, the plaintiff's claim is subject to the short-term extinctive prescription of three years, and the part exceeding three years retroactively from the date of filing the lawsuit in this case has expired.
3. Determination
A. In full view of the aforementioned evidence and evidence Nos. 4 and 5, the results of appraiser H’s appraisal and the purport of the entire pleadings, the following circumstances are recognized.
On December 7, 2018, the Defendant completed the removal of landscape trees and obstacles on the instant land.
It is reasonable for the Plaintiff to seek.