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(영문) 청주지방법원 2020.08.14 2018가단33879
토지인도
Text

1. Defendant D, among the real estate listed in the separate sheet No. 1 list to Plaintiff A, has each tree listed in the separate sheet No. 1, and Defendant D to Plaintiff B.

Reasons

1. Facts of recognition;

A. The real estate listed in the separate sheet No. 1 is the real estate owned by the Plaintiff A and the separate sheet No. 2 by the Plaintiff B.

B. The Defendants jointly possess the real estate listed in the separate sheet 1, 2, and 3 as well as the real estate listed in the separate sheet 2, and the Defendant D occupies the real estate listed in the separate sheet 4, 5.

C. Defendant D planted each tree listed in the separate sheet on the ground of the real estate listed in the separate sheet No. 1, and each tree listed in the separate sheet No. 2 on the ground of the real estate listed in the separate sheet No. 2.

[Ground of recognition] Each entry of Gap evidence 6 or Gap evidence 8, appraiser F and G's appraisal result, the purport of the whole pleadings

2. According to the above facts of recognition, the defendants are obligated to collect each of the above trees from the plaintiffs, the owners of real estate listed in the annexed Tables 1 and 2, and deliver each of the above possession real estate, unless they assert and prove the source of possessory right.

Therefore, Defendant D, among the real estate listed in the separate sheet No. 1, collects each tree listed in the separate sheet No. 1 to Plaintiff A, to Plaintiff B, and the Defendants jointly collect each tree listed in the separate sheet No. 1, 2, and 3 among the real estate listed in the separate sheet No. 2, and to Plaintiff E, respectively, deliver the real estate listed in the separate sheet No. 2 to Plaintiff E, and Defendant D is obligated to deliver the real estate listed in the separate sheet No. 4 and 5 to Plaintiff A.

3. Conclusion, the plaintiffs' claim of this case is justified and it is so decided as per Disposition by the assent of all participating Justices.

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