수목및지장물철거등
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
A. Of the area of 222m2 in the Dong-gu Daejeon Special Metropolitan City C forest land, indication 7, 17, 18.
1. Judgment on the main lawsuit
A. Facts of recognition 1) The Plaintiff is the Daejeon Dong-gu Daejeon Special Metropolitan City C forest land of 222 square meters (hereinafter “instant land”).
(2) The Defendant, in sequence, installed a prop tree on board with each point of 7, 17, 18, 3, 4, 5, 6, and 7 square meters connected to each point of 7, 17, 18, 3, 4, 5, 6, and 7 of the annexed drawings and installed a prop tree to planting and support the 142 square meters in the portion of 142 square meters in the ship.
In addition, the Defendant installed a wood shed on the part 5 square meters inside the ship (iv) which connects each point of 13, 14, 15, 16, and 13 of the above drawings in sequence.
In addition, the defendant installed a steel fence on the line connecting 20,21, and 22 of the above drawings in sequence.
[Reasons for Recognition] Fact that there is no dispute, Gap evidence 1, Daejeon District Headquarters of the Daejeon District Headquarters of the Daejeon District Court (Supplementary), the result of the request for appraisal, the purport of the entire pleadings
B. In the instant case where the Plaintiff asserted that the Defendant planted or installed a sprink, etc. on the instant land without permission, and sought collection, removal, delivery, etc. of the said land, the Defendant is obligated to remove the instant land to the Plaintiff, as a result of the foregoing recognition, the Defendant collected sprink trees planted in the part of 142 square meters of the attached drawing(c) from among the instant land, remove the sptoves installed therein, deliver the land, remove 5 square meters of the sptoves of wood installed in the part of the said drawing(d) and deliver the land, deliver the land to the Defendant, remove the iron fence installed in the line connected with the said drawing(s) in sequence 20,21,22 of the said drawing(s).
As to this, the defendant asserts that since before acquiring the plaintiff's ownership, the defendant set up a farmer's house in the land of this case, and D, the plaintiff's father, promised to compensate, the plaintiff shall grant compensation to the above spawn tree, spawn, and steel fence and shall not be removed before the compensation is made.
However, the defendant planting trees with a special title, such as the right of lease.