(영문) 대구지방법원상주지원 2016.10.12 2016가단8946

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Reasons

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자간(%)

(영문) 대구지방법원상주지원 2016.10.12 2016가단8946

토지인도

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On March 24, 1995, the Plaintiff purchased three hundred and forty-one square meters (hereinafter “instant real estate”) prior to C at the time of residence from the Defendant, and completed the registration of ownership transfer on the said real estate on March 29, 195.

B. 1) The Defendant is an owner of 2,342 square meters, prior to D, who had been residing adjacent to the instant real estate, and cultivated trees after planting them to the Plaintiff immediately after selling the instant real estate. (2) However, among the trees planted by the Defendant, part of the instant real estate owned by the Plaintiff was extended to the instant real estate owned by the Plaintiff, and part of the said trees exceeded the instant real estate.

[Ground of recognition] A without dispute; Gap evidence Nos. 1 through 6; Gap evidence Nos. 7; Eul evidence Nos. 2 through 4 (including branch numbers; hereinafter the same shall apply); appraiser E’s appraisal result; the purport of the whole pleadings

2. The assertion and judgment

A. 1) Determination as to the cause of the claim: (a) the Plaintiff is the owner of the instant real estate; and (b) the fact that part of 2gs of 2gs owned by the Defendant occupies part of the instant real estate is as seen earlier, barring any special circumstance, the Defendant is obligated to collect the said 2gs from the Plaintiff, barring any special circumstance. (b) The fact that part of 2gs of 2gs of 2gs owned by the Defendant occupies part of the instant real estate is occupied, as seen earlier. Thus, it is obvious in light of the empirical rule that part of 2gs of 2gs of the instant real estate owned by the Plaintiff is in excess of the part of the instant real estate owned by the Plaintiff.

In addition, the fact that part of the above trees exceeds part of the real estate of this case owned by the plaintiff is as seen earlier.

Thus, barring special circumstances, the defendant is obligated to collect trees and roots exceeding the real estate of this case from the plaintiff.

3) (A) The Plaintiff seeking delivery of the part of the claim to the Defendant exceeding the above trees, roots, and removals (a).

유사 판례

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