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(영문) 청주지방법원 2019.02.19 2018가단23452
소유권확인
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. The plaintiff's assertion

A. The Plaintiff is engaged in landscaping business with the trade name of “D” in substantial Gu, Cheongju-si, and owned and managed each of the real estate listed in attached Table 1 (E prior to 1,260 square meters and divided on December 22, 2016; hereinafter the same shall apply) on the ground of the attached Table 1.

B. The owner of the land of this case was F (the plaintiff argued as G's assistance, but G was referred to as G's assistance), and F allowed the use of the land of this case to the GJ, which was an Idong village resident, on the condition that H land located in the front side of the land of this case is managed by the F, on condition that the land of this case was managed by the F, and he was in charge of the management of the land of this case to K, who is the plaintiff's well-known village resident while giving up his cultivation. While K had cultivated the land of this case while managing H's graves, K transferred the land of this case on condition that he managed F's funeral, L transferred the right to cultivate the land of this case on condition that he would manage the land of this case to the plaintiff's well-known L, while selling the fruit trees of this case.

C. On April 2007, upon request of F for the management of a F's sculpture, the Plaintiff collected saccine trees while managing the grave in the instant land, and collected saccine trees in accordance with attached Table 2. At this point, the Plaintiff planted saccine trees as indicated in attached Table 2.

Around December 2016, each of the instant lands was incorporated into a third round road in Cheongju-si, Cheongju-si, and thus compensation for land compensation and obstacles was planned, and each of the instant trees was confirmed to be owned by the Plaintiff.

2. Determination

A. The owner of a real estate has acquired ownership of an article attached to the real estate, but it does not apply to the article attached by another person’s title (Article 256 of the Civil Act), and the title referred to in the proviso of the above proviso is entitled to use the real estate attached to the real estate of another person, such as superficies, chonsegwon, and leases.

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