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(영문) 전주지방법원 2014.04.23 2013가단27406
수목소유권확인
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Determination as to the cause of claim

A. On May 1, 2013, the Plaintiffs asserted that they purchased 4427 square meters of FJin-gu Seoul Special Metropolitan City forest (hereinafter “instant land”) from C, D, and E (hereinafter “C, etc.”). At the time of the purchase, the Plaintiffs purchased 4427 square meters of FJ-gu Special Metropolitan City forest (hereinafter “instant land”). At the time of the purchase, the number of trees listed in the separate sheet (hereinafter “instant trees”) as indicated in the attached list, which is planted on the ground of the instant land, and acquired the ownership of the instant trees. Accordingly, the instant trees seek confirmation on whether they own

B. Determination 1) According to Gap evidence Nos. 1, 7, Eul evidence Nos. 1, 7, and Eul evidence Nos. 7 and Eul's testimony, the fact that the plaintiffs purchased the trees of this case, which were planted on the ground of the land of this case at the time when they purchased the land of this case from Eul, etc. is recognized. 2) However, even if trees were planted on another's land, if they were planted by legitimate title, the ownership of the trees is planted (see, e.g., Supreme Court Decision 80Do1874, Sept. 30, 198), Gap evidence Nos. 5, 6, Eul evidence Nos. 1, 1-2, and Eul evidence Nos. 1, 3-2, and Eul's testimony, the land of this case was leased from Eul in around 1995 and managed the land on the ground of this case, and the defendant sold the land of this case to the defendant at KRW 200,000, G. 208.

Therefore, even if the plaintiffs purchased the trees of this case that are planted on the land of this case by non-entitled C, etc., the plaintiffs cannot acquire the ownership of the trees of this case.

3. As to this, the Plaintiffs: (a) between the deceased G on October 9, 2009 and C on December 31, 2011.

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