logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2019.01.09 2018가합24970
토지인도
Text

1. The Defendant (Counterclaim Plaintiff) is against the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The plaintiff is F's son who died on August 5, 1986, and the defendant is G son who died on March 3, 1998.

B. The registration of each ownership transfer was completed in the Plaintiff’s future as the receipt No. 2539, Feb. 26, 1970, by reason of the sale as of Feb. 23, 1970, with respect to the area of 40 square meters in Ulsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-gun, under the receipt No. 6137, Apr. 21, 1977, on the ground of the sale as of Apr. 21, 1977, on the ground of the transaction as of Apr. 21, 1970.

(The above lands are hereinafter referred to as "the land in this case", and when indicating the land in the below, the administrative districts in Eup or Myeon are omitted).

In the instant land, approximately 700 glus trees, such as pine trees owned by the Defendant (hereinafter “instant trees”) are planted on the land.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 3-1 through 4, Gap evidence 7-2, Eul evidence 7-7, and the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to collect the trees of this case from the plaintiff who is the owner of the land of this case and deliver the land of this case, unless there are special circumstances.

B. Determination 1 as to the Defendant’s assertion 1) The instant land was purchased by the Plaintiff’s headquarters F in early 1970, and the network F was entrusted with H forest land, I forest land, and I forest land (hereinafter “the instant mountain”), and management of tide seedlings on the ground thereof (hereinafter “the mountain”), and transferred the instant land located near the instant mountain, in return for which the instant land was transferred.

After the death of the deceased G, the defendant continues to occupy the land of this case at the request of the plaintiff and continues to occupy the land of this case.

On the other hand, as the net F is the actual owner of the land in this case, only the name is left in the future of the plaintiff, the net F is the name of the plaintiff with respect to the land in this case.

arrow