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(영문) 청주지방법원충주지원 2014.10.02 2014가합3061
수목수거 등
Text

1. The defendant,

A. Plaintiffs A, B, and C respectively, KRW 5,016,00, KRW 746,530, and KRW 373,265, and Plaintiff E.

Reasons

1. Basic facts

A. (1) Around September 18, 1978, the Defendant, I and J jointly purchased H orchard 15,937 square meters (hereinafter “instant land”) and saf trees planted on the ground (hereinafter “instant saf trees”) and registered the ownership transfer of the instant land under the Defendant’s name on September 1, 1978. On September 18, 1996, I and J completed the registration of ownership transfer for each of the instant 1/3 shares out of the instant land on September 18, 1996.

(2) The Plaintiff A, B, and C completed the registration of ownership transfer with respect to each of the instant land via K from K, and the Plaintiff A and B completed the registration of ownership transfer on April 27, 2002, and Plaintiff C on September 29, 2010 on September 11, 2008 by agreement and division as of September 29, 2010 (the Plaintiff C son).

(3) On November 20, 2012, Plaintiff D, E, and F, via L from J, completed each registration of ownership transfer with respect to Plaintiff D’s 2/18 shares, Plaintiff D’s 1/18 shares, Plaintiff E’s 1/18 shares, and Plaintiff F’s 3/18 shares, respectively.

(4) Therefore, among the land of this case, the Plaintiff A, B, C, and D own 2/18 shares, Plaintiff E’s 1/18 shares, Plaintiff F’s 3/18 shares, and Defendant’s 6/18 shares.

B. In around 2002, the Defendant arbitrarily extracted the instant private trees without agreement with other co-owners and used them as orchard by planting all of the instant land (hereinafter “the instant trees”).

C. Of the instant land owned by Plaintiff A, B, and C, the amount equivalent to the rent of KRW 15,048,00 for 1/3 shares (2/18 shares 2/18 shares) from August 1, 2004 to July 31, 2014 is KRW 15,048,00, the rent of KRW 140,00 for the instant land owned by Plaintiff D, E, and F is KRW 1/3 shares (2/18 shares 1/18 shares) from August 1, 2012 to July 31, 2014. The amount equivalent to the rent of KRW 2,641,200, and the rent of KRW 2,00 from August 1, 2014 to October 31, 2014 is equivalent to KRW 140,00 for each of the instant land owned by Plaintiff D, E, and F.

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