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(영문) 전주지방법원 정읍지원 2018.04.10 2017가단2890

소유권확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Plaintiff’s assertion

On February 9, 2015, the Plaintiff entered into a contract with the Defendant to purchase in KRW 90,000,00 the pine trees owned by the Defendant, which are unregistered trees unregistered on the ground of Jeon Chang-gun, Jeon Chang-gun, F, G, H, and I. On February 11, 2015, the Plaintiff paid KRW 50,000 after intermediate payment, KRW 50,000 on April 1, 2015, and KRW 40,000 after the remainder on April 1, 2015. The Defendant requested to pay KRW 20,000,000 for additional expenses, and did not cooperate in the procedure for permission to extract pine trees.

The Plaintiff acquired ownership of the relevant pine trees, since it has the method of recommending 61 weeks (the same shall apply to pine trees listed in the attached list) for landscaping trees planted in the land of Jeon Chang-gun of North Korea among the pine trees above.

Judgment

According to the statements or images in Gap 1, 2, 4, 5, 7, and 10 evidence, the plaintiff entered into a contract with the defendant on February 9, 2015 (hereinafter "the contract in this case") to purchase unregistered pine trees, including pine trees listed in the separate sheet with the defendant for KRW 90,000,000 (hereinafter "the contract in this case"), on February 11, 2015, an intermediate payment of KRW 50,000,000, and the balance of KRW 40,000,000, from April 1, 2015, were remitted to the defendant's account under the name of the defendant, and on that end, the remaining pine trees listed in the separate sheet were to be colored, and on that end, it is recognized that "pactine trees in Chang-gun E (former owner C) are owned A, and there is a "hacter" stating "huming without the owner's approval."

Therefore, it is reasonable to see that the Plaintiff had the method of reputationing pine trees listed in the attached Table through the above warning letter, etc.

Furthermore, as to whether there was a real right agreement between the Plaintiff and the Defendant on the ownership of pine trees listed in the separate sheet, and whether there was a real right agreement between the Plaintiff and the Defendant for the direct purpose of transferring the ownership of pine trees to the Defendant, the fact that the Plaintiff transferred all of the amounts set forth in the instant contract to the Defendant is recognized as above, but as to pine trees listed in the