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(영문) 대전지방법원 2017.12.07 2017나2760
토지인도 등
Text

1. The remainder of the principal lawsuit and the counterclaim, excluding the claim for the collection of trees, from among the principal lawsuit of the judgment of the first instance.

Reasons

In the first instance court of this case, the plaintiffs collected trees planted on the land listed in the separate sheet (hereinafter "the land of this case"), removed buildings constructed on the land of this case, delivered the land of this case, and sought restitution of unjust enrichment equivalent to the rent acquired by the Defendants as a result of using and benefiting from the land of this case. Defendant K sought a return of unjust enrichment equivalent to the rent acquired by the Defendants. Defendant K sought a counter-performance of the procedure for transfer registration of ownership against Plaintiff B on the ground of the completion of acquisition by prescription of the land of this case. The court of first instance dismissed the part of the claim for removal of the above trees among the principal claim, accepted the request for removal of the building and the request for removal of the land of this case and the request for partial return of unjust enrichment, and declared that Defendant K dismissed the counterclaim claim.

Therefore, among the judgment of the court of first instance, only the defendants filed an appeal regarding the part against the defendants as to the counterclaim and the part concerning the counterclaim by the defendant K. In this court, among the plaintiffs' claims for principal lawsuit, only the removal of buildings, the request for delivery of land, the claim for restitution of unjust enrichment, and the part concerning the counterclaim by the defendant Kh's claim for counterclaim

Basic Facts

The network L, such as the status of the parties and the ownership relationship of the land of this case, had children M in South, South N in South, and SamnamO.

A is the difference between the network N, and the Defendants are the children of the O.

On June 1, 2016, A died on June 1, 2016, Plaintiff D, E, F, G, H, B, and I, who is the wife, jointly succeeded to the property of Plaintiff C and children.

The P forest land 45,322 square meters (hereinafter referred to as the “instant P forest”) in Chungcheongnam-gun, Chungcheongnam-do was turned into the name of the State on May 26, 1918, and M was transferred by the State on November 14, 1930.

A Pursuant to Article 10 of the former Act on Special Measures for the Registration, etc. of Ownership of Forest Land (Act No. 2111, hereinafter referred to as the “Special Measures Act”), registration of preservation of ownership of the P forest land of this case under the Daejeon District Court Taean District Court No. 8644, Dec. 31, 1970.

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