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(영문) 서울동부지방법원 2018.07.12 2017가단12999
수목철거 및 토지인도 등
Text

1. The defendant against D, E, and F among the litigants of the plaintiff (Appointed Party) and the Appointor C

(a) Appendix 1.

Reasons

1. Facts of recognition;

A. The Plaintiff (Appointed Party), the Appointed Party C, and the Defendant, as a form of punishment, own 1/3 shares of each of the real estate listed in the attached Table No. 1 (hereinafter “instant real estate”).

B. The Defendant, from May 1, 2013 to the date of consultation with the Plaintiff (Appointed Party), the Appointed Party C and their successors, as well as in the part (B) of the instant real estate, covered by planting trees in sequence with each point of the attached reference indicated in the attached Table 35, 8, 9, 10, 36, 37, 38, 39, 40, 41, 42, 43, and 35 among the instant real estate.

C. According to the appraisal result of the amount equivalent to the rent for the instant real estate, the sum of rent from May 1, 2013 to May 10, 2018 is KRW 9,620,00, and the amount equivalent to rent after May 11, 2018 is KRW 124,00 per month.

On August 11, 2017, the designated party C died, and the spouse D, children E, and F of the deceased, the inheritor, took over the proceedings of the deceased C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 10, the North Korean Headquarters of the North Korean National Land Information Corporation prior to the Korea National Land Information Corporation, the president of Kim Jong branch, and the appraiser G, the purport of the entire pleadings

2. According to the facts of the above recognition, the Defendant, as the owner of the instant real estate, is obligated to remove all the trees planted in attached Reference (b) part 2,871 cubic meters from among the instant real estate to D, E, and F, the party seeking the removal of interference and the return of owned objects from the Plaintiff (appointed party) and the appointed party C, and to pay money equivalent to the rent from May 1, 2013 to May 10, 2018 to KRW 6,413,333 (9,620,620,00 x less than KRW 2/3,00 x x 2/36,00) from May 11, 2018 to KRW 260,2636,00,00 won from May 26, 2018 to KRW 266,360,00).

For this purpose, the defendant shall set up the real estate of this case for the preservation of the paper forest.

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