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(영문) 창원지방법원거창지원 2016.11.29 2016가단10808

토지인도

Text

1. The Defendants shall collect trees planted on the ground of each land listed in the separate sheet from the Plaintiffs, and list them in the separate sheet.

Reasons

1. Facts of recognition;

A. On June 28, 1965, the netF completed registration of the preservation of ownership with respect to the land of 2,307 square meters (the land above was divided into each land listed in the separate sheet on November 26, 2012; hereinafter “each of the instant land”).

B. The F died on June 5, 1992, and the Plaintiffs completed the registration of ownership transfer on July 3, 2015 with respect to each of 9/36 shares out of each of the instant lands on July 3, 2015.

C. The Defendants, as married couple, operate saccine trees on the ground of each of the instant land, and occupy each of the instant land.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 2 and 6 (including each number), and the purport of the whole pleadings

2. According to the facts established prior to the determination as to the cause of the claim, the Plaintiffs, co-owners of each of the lands of this case, as co-owners of each of the lands of this case, may seek the collection of trees planted on each of the lands of this case and delivery of each of the lands to the Defendants who jointly possess each of the lands of this case

Therefore, the Defendants are obligated to collect trees planted on the ground of each of the instant land from the Plaintiffs and deliver each of the instant land to the Plaintiffs.

3. Determination as to the defendants' defense

A. The Defendants asserted that Defendant D purchased each of the instant land from H on November 23, 2012 by proxy of F’s inheritors, and that there was a legitimate title to possess each of the instant land.

According to the evidence adopted earlier and evidence Nos. 1 and 3, H, on November 23, 2012, sold each of the instant lands to Defendant D for KRW 15,00,000, and consented to the use of each of the instant lands on November 23, 2012, and H, on the delivery of each of the instant lands to Defendant D, and H, H, H, and K, as H, I, I, J, J, and K, as H’s children, in the capacity of an heir in the capacity of an heir of H, H, I, J, and H, as of July 3, 2015.