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(영문) 광주지방법원 순천지원 2018.07.18 2017가단75115
소유권확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 2007, the Plaintiff entered into a lease agreement with a rental fee of 80 km 708 m20 m204 m204 m2 and 308 m200 m200 m200 m200 m200,000 per annum with respect to the land in question (hereinafter “instant land”).

B. On April 30, 2014, as to the instant land on April 30, 2014 between the Defendant and E, the Plaintiff planted and managed clean tree (hereinafter “instant tree”) on the instant land and the time of annual payment for rent 80km and rent 4 Gama, each year.

4. 30. From April 30, 2014 to April 30, 2017, the lease agreement entered into between April 30, 2014 and April 30, 2017, stating "15t dump trucks (mamp trucks)" at the expiration of the lease term.

hereinafter referred to as "the instant lease agreement"

(i) [Facts without dispute over the grounds for recognition, entries in Gap evidence 2 and 4, the purport of the whole pleadings.

2. The defendant's judgment on this safety defense argues that the plaintiff is not eligible to sue since he purchased the trees of this case from F, not the plaintiff, but the plaintiff. However, in the lawsuit for the confirmation of ownership, the plaintiff's principal safety defense is without merit.

3. Judgment on the merits

A. The summary of the parties’ assertion is that the Defendant agreed to pay the instant land rent to E instead of cutting 400 out 40 out of the instant trees planted on the instant land for three years, and concluded the instant lease agreement. As such, the Plaintiff asserted that the ownership of Cheong tree planted on the instant land as of the termination of the instant lease agreement and sought confirmation thereon from the Plaintiff.

In regard to this, the Defendant asserts that the Plaintiff or the Plaintiff’s wife transferred the ownership of the instant tree to the Defendant, and accordingly, the Defendant asserted that the instant lease contract was concluded.

B. The facts as seen earlier, the testimony of the witness E and the result of the on-site inspection of this Court.

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