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(영문) 수원지방법원 안산지원 2015.03.10 2013고단2901
재물손괴
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant, together with the father-C, decided to purchase the so-called Seosan-si D land in Ansan-si, and the Defendant awarded a bid on April 17, 2012 in the public sale procedure and completed the registration of ownership transfer on June 15, 2012.

After receiving the successful bid of the above land, the Defendant notified E, the complainant who planted the ornamental trees of the above land, that he moved the ornamental trees to another place, and set up a wooden sign that contains the same purport in the surrounding area of the above land, but the complainant did not move the ornamental trees continuously, and the Defendant did not directly extract the ornamental trees.

At around 10:30 on May 19, 2013, the Defendant: (a) destroyed by having the person under whose name the name the Defendant sold approximately 30 glue trees, such as coefficient trees 1glue, which are owned by the complainant, owned by the complainant, by leasing the above land from F, the former owner of the land, and thereby damaged by letting the person under whose name the name the Defendant sold them by using clue.

2. The ownership of trees planted without title on another person's land is attributed to the land owner and if the ownership is planted by title, that person shall be deemed to have the ownership.

(see Supreme Court Decision 97Do3425, Apr. 24, 1998). Comprehensively taking account of the evidence duly adopted and examined by this court, the following year: (i) the Defendant invested funds jointly with C on April 17, 2012, purchased the instant land as a public sale and purchased the instant land as a public sale.

6. 15. The fact that the registration of ownership transfer was completed in the name of C on the pertinent land; ② the Defendant confirmed the planting of trees on the instant land on November 2012, and affixed sign signs indicating the collection of trees and attaching a sign sign stating the content of A; ③ the Defendant, who did not comply therewith, did not collect the instant trees using sckes on May 19, 2013; ④ Meanwhile, the complainant was planted on the instant land from around 2007 to around 207.

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