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(영문) 창원지방법원진주지원 2020.04.02 2019가단31692

토지인도

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1. The Defendants jointly do so to the Plaintiff:

(a) A list listed on the ground of 30974m2 in Jin-si, Jin-si, Jin-do, Jin-do.

Reasons

1. Basic facts

A. On March 16, 1998, Defendant B completed the registration of ownership transfer with respect to one-half portion of D forest land 30974 square meters (hereinafter “instant land”) in Jinju-si, Chungcheongnam-do. Defendant B completed the registration of ownership transfer with respect to the whole share of the instant land on April 30, 1999.

B. In around 1999, Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) borrowed the instant land from Defendant B, and planted the trees listed in the separate sheet (hereinafter “instant trees”) on the instant land.

Since then, the Defendants concluded a partnership agreement on the trees of this case.

C. On June 5, 2018, Defendant B completed the registration of ownership transfer in the name of the Defendant Company with respect to the instant land.

On July 16, 2018, the instant land was voluntarily auctioned to Changwon District Court Jinwon Branch E, and the Plaintiff purchased the instant land at the voluntary auction on February 11, 2019, and completed the registration of ownership transfer in the name of the Plaintiff on February 15, 2019.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination on the cause of the claim

A. 1) With respect to the reversion of ownership of the instant trees, the owner of the real estate acquired ownership of the goods attached to the said real estate, but it is not attached by another person’s title (Article 256 of the Civil Act). As such, the tree planted on the said land upon the right to loan for use of the land has ownership of the trees planted, and does not correspond to the land. Thus, even if the land was purchased by auction after the planting of trees after the planting of trees, the purchaser does not acquire the ownership of the said trees on the ground (see, e.g., Supreme Court Order 89Meu21095, Jan. 23, 1990).