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(영문) 광주지방법원순천지원 2019.04.18 2018가단79466
토지인도
Text

1. The Defendant collected trees planted on the land area of 2568 square meters in Macheon-si, Macheon-si, C, and transferred the said land to the Plaintiff.

2.

Reasons

1. Basic facts

A. On January 18, 2016, the Plaintiff and D completed the registration of transfer of ownership on January 11, 2016 with respect to each one-half portion of the lands listed in Paragraph (1) of the Disposition (hereinafter “instant land”).

B. The defendant planting trees on the land of this case and occupies the above land.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the above facts of recognition, the defendant, as co-owner of the land of this case, is obligated to collect trees planted on the land of this case and deliver the above land to the plaintiff, unless there are special circumstances.

The defendant asserts that since the plaintiff and D acquired the land of this case, which is farmland, solely for the purpose of gaining profits from an urban development project without the intention of self-definite or self-definite, the transfer registration of the plaintiff's ownership is null and void. However, the above assertion is not accepted on the sole basis of the entries in the evidence Nos. 1 and 2 and the circumstances cited by the defendant.

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.

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