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(영문) 대전지방법원천안지원 2014.06.20 2014가합782
입목
Text

1. The defendant shall collect each item listed in the separate sheet No. 2 attached hereto, listed in the land listed in the annexed sheet No. 1.

2...

Reasons

1. Comprehensively taking account of the respective descriptions and the purport of the entire arguments in Gap evidence Nos. 1 and 4 (including the number of branch numbers) as to the claim for the collection of trees, the plaintiff acquired the land listed in the annexed real estate list No. 1 (hereinafter “instant land”) on October 25, 201 through voluntary auction and completed the registration of transfer of ownership. On the ground of the instant land, the fact that each of the items listed in the annexed Table No. 2 List owned by the defendant (hereinafter “instant trees”) are planted on the land of this case.

According to the above facts, the defendant does not prove that the owner of the trees of this case, who is the owner of the trees of this case, has possession right to the land of this case where the trees of this case are planted, and as long as it does not prove that he has possession right to the land of this case, he illegally occupies the land of this case and thereby interferes with the plaintiff's exercise of ownership to the land of this case. Thus, the defendant is obligated

2. The plaintiff, as to the claim for enforcement fine, has a duty to do farming in accordance with the Farmland Act, the person who acquired the farmland as farmland has a duty to do so, without fulfilling the obligation to do so, and the competent authority will impose an amount equivalent to 20% of the land value as enforcement fine every year, unless the defendant voluntarily collects the trees of this case. Thus, the plaintiff cannot do farming in the land of this case, and if so, the competent authority will impose an enforcement fine every year on the plaintiff, unless the defendant voluntarily collects the trees of this case. The damages equivalent to the enforcement fine arising from the failure to collect the trees of this case should be borne by the defendant. Thus, the defendant has a duty to pay to the plaintiff the amount calculated at the rate of 401,000 won per day from the date of the decision of this case until the completion of the collection of the trees of this case

The Plaintiff is the only entry of the evidence No. 2.

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