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(영문) 광주지방법원 2015.08.25 2014가단32712

수목취거 및 토지인도

Text

1. The defendant shall be the plaintiff.

(a) take the trees listed in the separate sheet No. 1 and each land listed in the separate sheet No. 2;

Reasons

1. Basic facts

A. On September 3, 2013, the Plaintiff acquired ownership of each land listed in the separate sheet No. 2 (hereinafter “each land of this case”) as a result of sale due to formal auction for partition of co-owned property on September 3, 2013. The Defendant is a company established on October 8, 2012 and runs landscaping planting construction business, etc.

B. On the ground of each of the instant lands, the trees listed in attached Table 1 (hereinafter “the instant trees”) are planted up until now after the Plaintiff acquired each of the instant lands.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, and 5 (including paper numbers; hereinafter the same shall apply), Gap evidence 3, and the purport of the whole pleadings

2. Examining the determination as to the cause of the claim, the Plaintiff acquired ownership of each of the instant lands on September 3, 2013, and the fact that trees were planted on each of the instant lands up to the present date is as seen earlier, and comprehensively taking account of the overall purport of pleadings as a result of Gap evidence Nos. 3 and 4, Gap evidence Nos. 6, appraiser C’s appraisal and supplementary appraisal, the Defendant owned the instant trees and possessed each of the instant land up to the present date after September 3, 2013. Since the sum of rent for each of the instant lands from September 3, 2013 to December 31, 2013, the amount of rent for KRW 1,720,470 (=57,80,162,590) and the amount of rent for each of the instant lands from September 3, 2013 to December 31, 2013, the Defendant is obligated to take the same amount of rent for each of the instant lands out of KRW 130,501,20.