(영문) 대전지방법원서산지원 2019.08.27 2019가단52015

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(영문) 대전지방법원서산지원 2019.08.27 2019가단52015

소유권확인

Text

1. The part concerning the claim for confirmation of ownership among the instant lawsuit is dismissed.

2. The defendant shall pay 12,000,000 won to the plaintiff and this shall apply.

Reasons

1. On January 9, 2016, the part of the claim for confirmation of ownership: (a) the Plaintiff leased the forest land owned by the Defendant in Seosan City (hereinafter “instant forest”) to the Defendant; (b) the Defendant planted the forest land in the said forest; and (c) the Defendant continued to own the tree in the above forest land owned by the Plaintiff, and (d) received a letter of waiver of ownership without collecting the instant tree from the Defendant by March 31, 2019 (hereinafter “instant letter”). Accordingly, the Plaintiff sought confirmation that the instant tree ownership was owned by the Plaintiff.

The above part of the claim is lawful ex officio.

Even if considering the content of the Defendant’s written reply and the purport of the entire oral argument, it is difficult to deem that the Defendant is disputing the ownership of the trees of this case (the Defendant recognized the fact of preparing the instant written statement to waive ownership of the trees, but it appears that the Defendant only requested a grace period on the premise of the waiver of ownership of trees). It cannot be said that there is any existing apprehension or danger in relation to the ownership

In addition, it does not seem to be a valid and appropriate means for dispute resolution to seek confirmation that the Plaintiff has ownership of trees for the purpose of removing the instant trees from the forest owned by the Plaintiff and leasing them for other purposes.

The Plaintiff cannot be deemed as having legal interest in seeking confirmation of ownership of the instant trees.

2. Comprehensively taking account of the overall purport of the pleadings in each of the statements in Gap evidence Nos. 1 through 3 (including a branch number if there is a serial number), the defendant may recognize the fact that, around January 2016, the lease contract with the plaintiff concerning the forest of this case was extended to March 31, 2019, and the defendant agreed to KRW 4,000,000 per annum.

Therefore, the defendant shall pay to the plaintiff 12,000,000 won for the rent of three years for the plaintiff.

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