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(영문) 서울중앙지방법원 2018.05.15 2017나78133
토지인도
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is ordered.

Reasons

1. Basic facts

A. The Plaintiffs are co-owners of E forest land E, 1,630 square meters (hereinafter “instant land”).

B. The Defendant, a corporation operating real estate development business, etc., requested the Plaintiffs to entrust the development services of the instant land on or around January 2012, but the Plaintiffs did not entrust the Defendant with the development services of the instant land.

C. After that, the Defendant planted trees on the instant land without permission of the Plaintiffs, and did not comply with the Plaintiffs’ request for the removal of trees after January 2017.

There is no particular material to deem that the Defendant had any trees other than the trees planted above in the instant land.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 5 (including paper numbers) and the purport of the whole pleading

2. Determination as to the plaintiffs' claims

A. According to the above facts, the Defendant’s setting of trees without permission on the instant land constitutes an act that interferes with the Plaintiffs’ ownership of the instant land, and thus, the Defendant is obliged to collect all planted trees on the instant land from the Plaintiffs seeking the removal of interference.

B. As to this, the defendant provided trees, such as pine trees, to F an individual, the representative director of the defendant, for the purpose of leasing the land of this case for the purpose of facility farming upon the plaintiff Gap's request, to use the land of this case for the fence indicating the land boundary, and since the above tree is the person who actually planted the land of this case, the above tree is the lessee, the defendant is not entitled to any authority over the trees planted on the land of this case. However, although the statement of Eul evidence No. 1 is insufficient to acknowledge the above argument of the defendant, and there is no other evidence to acknowledge it, the defendant's assertion is without merit.

3. Conclusion.

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