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(영문) 춘천지방법원영월지원 2020.11.25 2019가단1904
수목수거청구 등
Text

The Defendants indicated in the attached Form 18, 19, 21 through 30, 32, 33, 34, 36, 38, 38, among the land size of 291 square meters in Gangseo-gu Seoul Special Metropolitan City, Gangwon-gu G.

Reasons

1. Facts of recognition;

A. On June 22, 2006, the Plaintiff completed the registration of ownership transfer on the ground of sale with respect to the G land of 2911 square meters (hereinafter “instant G land”).

B. Defendant C, D (Korean) and E (Korean) are inside directors of Defendant B (hereinafter “Defendant Company”) and Defendant D is the representative director of the Defendant Company.

On December 30, 2009, Defendant D, E, and F completed the registration of transfer of ownership on the ground of sale with 1/3 shares in each of 7074 square meters in Hanwon-gun H Park, Gangwon-gun, which is adjacent to the instant G land.

C. The Defendants planted the scrobbb-based tree on the instant H land, and the boundary was invaded, and the part of the instant G land owned by the Plaintiff was planted with the standard tree in some parts.

At present, among the G land in this case, 24glusss in each case of the annexed map Nos. 18, 19, 21 through 30, 32, 33, 34, 36, 38, 39, 40, 42, 64 through 67 of the annexed map Nos. 16, 17, 20, 31, 35, 37, 41, 43, and 63 of the annexed map Nos. 18, 19, 21 through 30, 32, 34, 36, 38, 39, 40, 42, and 64 through 67 of the annexed map No. 16, respectively.

[Ground of recognition] The descriptions and images of Gap evidence Nos. 1 through 5, 8 through 13, Eul evidence No. 1 (including numbers; hereinafter the same shall apply), the result of the appraisal commission to the branch offices of the Korea Land Information Corporation, the purport of the whole pleadings

2. Determination:

A. According to the above facts of recognition as to the cause of the claim, the Defendants are obligated to collect the trees of this case from the Plaintiff, the owner of the G land of this case, unless there are special circumstances.

B. As to the Defendants’ assertion 1, the Defendants asserted to the effect that, in order to remove the roots of trees, heavy equipment should be mobilized, and it is impossible to perform work with heavy equipment due to the topography of the site. Thus, the removal, including removal from the roots of trees, is physically impossible.

However, each image of the evidence Nos. 4 and 7.

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