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(영문) 전주지방법원정읍지원 2017.11.14 2017가단11030
토지인도
Text

1. The defendant shall collect all the trees planted on each land listed in the attached list to the plaintiff, and each of the above land shall be collected.

Reasons

1. The fact that there is no dispute over the cause of the claim, and comprehensively taking account of the purport of the entire pleadings in the entries in Gap evidence Nos. 1 through 3, the plaintiff completed the registration of ownership transfer with respect to each land listed in the separate sheet on April 21, 2017, and the defendant may recognize the fact that he/she owns pine trees, burgs, burgs, and burgs on each of the above lands

According to the above facts, unless there are special circumstances, the defendant is obliged to collect all trees planted on each land listed in the separate sheet as a result of the removal of interference with the ownership and the return of owned property and deliver each of the above land to the plaintiff.

In regard to this, the defendant asserts that the plaintiff cannot respond to the plaintiff's claim because there is a statutory superficies on trees planted on each land listed in the separate sheet, but since there is any evidence on the facts of the requirements for establishing the legal superficies, the defendant's assertion is without merit.

2. It is so decided as per Disposition by admitting the plaintiff's claim on the ground that it is reasonable.

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