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Reasons
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(영문) 대전지방법원 2020.05.19 2019나2238
손해배상(기)
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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. D’s share registration corresponding to the size of each sectional ownership is completed, while Nonparty 891/2,800, D’s share is 1,909/2,800, and Nonparty 1,909/2,800.

B. From 1975, the Plaintiff entered into an entrusted management agreement with the non-party clans on the part owned by the non-party clans (hereinafter “the land owned by the non-party clans”), and planted landscape trees, etc. on the land owned by the clans. D has also planted landscape trees, etc. on its own land (hereinafter “D-owned land”).

C. D sold its shares to F on March 29, 2013, and completed the registration of ownership transfer on June 4, 2013, and stipulated the following by a special agreement:

Matters of special agreement

1. A seller (D; hereinafter the same shall apply) shall transfer the trees for landscaping before the remainder. If it is not transferred, the buyer shall dispose of them at his/her discretion;

2. The survey of the cadastral status shall be applied by the buyer, and shall be notified to G and the members of the clan of this case at the time of confirmation of the date so that they may be present.

3. The location of shares of a purchaser (D) shall be the boundary of the road above the current customary road, as shown in the annexed confirmation drawing;

Confirmation Map E DH

D. The F had the Korea Cadastral Corporation conduct a cadastral survey on April 5, 2013, and as a result, the instant land was surveyed as follows by the portion of “A” with D’ and the portion of “B” with the land owned by Nonparty clans:

(hereinafter referred to as “A” and “B”). E

E. On May 17, 2013, F had the manager of the land adjacent to the instant land, Daejeon-gu Daejeon-gu, Daejeon-gu, removal of trees planted on the ground level 2,409 square meters in part 1.

Accordingly, I, as a result, remove trees, etc. planted on the instant land from May 17, 2013 to May 21, 2013.

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