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(영문) 수원지방법원성남지원 2020.11.17 2019가합406388

토지인도

Text

1. The defendant shall attach all the trees planted on each land listed in the attached list to the plaintiff.

Reasons

1. The Plaintiff’s judgment on the cause of the claim is the owner of each land listed in the separate sheet; the Defendant possessed each land listed in the separate sheet as “C”; the Defendant’s father D was planted among the lease of each of the above land; and the Defendant’s acquisition of the above land by transfer around September 2017 from D is not in dispute between the parties, or can be acknowledged by comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 1, 2, and 3.

According to the above facts, the defendant is the possessor of each land listed in the attached list, and as a result, possession and management of trees listed on the above land by acquiring them from D, the owner of trees planted on the above land, and the ownership of trees attached to the land of the de facto disposal right cannot be deemed to have been transferred without any separate disclosure method. Thus, the owner shall be deemed to have been planted by the title, and the defendant who is in possession and management shall have the de facto status of the disposal right holder.

I would like to say.

acquisition of the Company.

Therefore, barring special circumstances, the Plaintiff, the owner of the above land, is obligated to deliver each land listed in the separate sheet and collect trees planted on the ground.

2. The defendant's assertion is alleged to the effect that the defendant cannot comply with the collection of trees since all obstacles to each land specified in the separate sheet were transferred to E and F on May 19, 2018. Thus, in full view of the facts acknowledged earlier, the defendant merely appears to have concluded a contract to transfer the above land obstacles to E and F, and even if the land is still located until the date of closing argument in this case, it cannot be deemed that the disposal right of the above trees was transferred to E and F, and thus, the defendant's argument is without merit.

3. Conclusion.