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(영문) 제주지방법원 2017.02.10 2015가단13842
토지인도
Text

1. The Defendant shall deliver to the Plaintiff the land size of 2,356 square meters prior to C in Jeju City.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

Basic Facts

A. The Plaintiff, the Plaintiff’s siblings, D, and E own each of 1/3 shares of the instant land.

B. The Defendant is in a relationship with the Plaintiff, and is currently in possession of the instant land by planting wruscine trees from the instant land.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the ground for a claim as a whole for the purport of the pleadings, barring any special circumstance, the defendant is obligated to deliver the land of this case to the plaintiff as co-owner, barring any special circumstance. 2) The plaintiff asserts that the defendant is obligated to collect citrus tree 462grus and 33grus of citrus, which are planted on the ground of the land of this case, but the above trees are planted on the ground of the land of this case.

There is no evidence that the above trees are owned by the defendant, and this part of the plaintiff's assertion is without merit.

The defendant's argument as to the defendant's assertion is alleged to the purport that the plaintiff should purchase the land of this case while there are smuggling trees and warehouses on the ground of this case, but there is no evidence to acknowledge this. The defendant's above assertion is without merit

Therefore, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit.

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