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(영문) 춘천지방법원원주지원 2019.01.22 2017가단34133

토지인도

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1. The Defendants indicated in the annexed drawing No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, among the land sizeing 8,923 square meters of Gangwon-gun D Forest land 8,923.

Reasons

Basic Facts

A. The Plaintiff is the owner of a 8,923m2 (hereinafter “instant forest”).

B. The Defendants, among the forest land in this case, planted trees as indicated in the annexed drawings No. 1, 2, 3, 4, 5, 6, 7, 7, 8, 9, 10, 11, 12, 19, 18, 17, 20, 13, 14, 15, 16, and 17, 20, 13, 14, 16, and 17, on the ground of 533 square meters of the part inside the ship (A), which was connected in each of the above drawings No. 1, 2, 3, 4, 5, 6, 8, 10, 9, 11, 12, 19, 18, 17, as indicated in the annexed drawings, and installed 17,000 square meters in each of the above parts (a) and 533 square meters in each of the above parts on the ground (hereinafter collectively referred to as “the above part”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including virtual numbers; hereinafter the same shall apply), the appraisal result of the Korea Land Information Corporation, the purport of the whole pleadings

A. According to the facts based on the facts, the Defendants are obligated to collect and remove each of the instant ground objects to the Plaintiff, and deliver each of the instant parts to the Plaintiff, except in extenuating circumstances.

B. The Defendants asserted on August 2, 1989 that the deceased E, the decedent of the Defendants (hereinafter “the deceased”) occupied each part of the instant vessel, even after selling the forest land of this case to the Plaintiff on August 2, 1989, and that the Defendants continued to possess each part of the instant vessel after the death of the deceased. As such, the statute of limitations for acquisition of possession on each part of the instant vessel has expired.

Even after August 2, 1989, it is difficult to believe that the Plaintiff sold the forest of this case to the Plaintiff, as stated in the No. 4 No. 5, the Defendant’s name on the paper, on which the Defendants’ assertion is printed, is affixed, and thus, it is difficult to believe that the Plaintiff’s name and seal are affixed.