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(영문) 대전지방법원 서산지원 2017.02.17 2016가단8154
공작물철거 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts ① On January 12, 2005, the Plaintiff completed the registration of transfer of ownership based on trade in its name with respect to the land of Seosan City, Seosan-si, 157 square meters, and D forest land of 174 square meters, which was owned by the Defendant.

② Each of the above lands was combined on October 31, 2008 and became 331 square meters of land in Seosan-si, Seosan-si (hereinafter “instant land”).

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. The assertion and judgment

A. The Plaintiff asserts that there exist 5 glus and 4 glus on the instant land owned by the Defendant, and sought unjust enrichment on the land due to the removal or removal of pine trees, etc., delivery of the relevant land, and possession and use of the land.

On the land of this case, the defendant asserts that even if trees are trees on the land of this case, they are not owned by the defendant, but they are not on the land of this case.

B. First, as to the claim for tree 5 glus, it is part of the land as part of the land. Thus, if tree 5glus as asserted by the Plaintiff were planted before the Plaintiff acquired the Plaintiff’s land ownership, the Plaintiff acquired the ownership of the land in this case and thereby acquired the ownership of the above trees 5glus. ② The ownership of trees planted without a title on another’s land belongs to the landowner, and if trees were planted with a title, the ownership of the trees belongs to the landowner (see Supreme Court Decision 97Do3425, Apr. 24, 1998). Thus, if trees 5glus as alleged by the Plaintiff were planted after the Plaintiff’s acquisition of the land ownership in this case, the ownership of the land in this case belongs to the Plaintiff, who is the land owner.

Therefore, the ownership of 5 glus in trees is owned.

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