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(영문) 의정부지방법원 고양지원 2018.11.30 2017가단84118
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On June 12, 1971, the defendant, net C (hereinafter referred to as "C"), and D completed registration of preservation of ownership in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Forest Land (amended by Act No. 9143, Dec. 19, 2008; hereinafter referred to as "Gu E Forest"; hereinafter referred to as "Gu E Forest") with regard to the land located in the same Ri, the registration of preservation of ownership has been completed by 1/3 shares, respectively.

On November 19, 1981, in the Gu E land, each land of F forest 518 square meters, G forest 294 square meters, H forest 86 square meters, 947 square meters of forest land, J forest 611 square meters, and 207 square meters of K forest was divided. The land after division was replaced with land of 1,954 square meters prior to L and 10,007 square meters prior to M, in accordance with the Land Partition rearrangement on August 10, 1982.

(2) The Plaintiff, a child of C, completed the registration of transfer of ownership on June 21, 2016 with respect to the shares of L and M among each land of this case on January 17, 1990.

Around November 1, 1997, the Defendant purchased 360 share of tree seedlings and planted and cultivated fruit trees on the land for a considerable period of time, such as planting trees on L and M’s land among each of the instant lands, and on the farmland ledger, the Defendant stated that the Defendant had performed fruit trees on the above land since before around 2002 in the farmland ledger.

From November 2005 to December 31, 2015, the Defendant leased to N all of the instant lands and the fruit trees on the ground (hereinafter “the instant lease”), and the rent was KRW 3 million per annum from January 1, 2007 to December 31, 201, and KRW 4 million per annum from January 1, 201 to December 31, 201.

N, as above, cultivated fruit trees leased from the Defendant, he also planted further fruit trees on L and M land among each land of this case.

When the image disease was confirmed from L and M's ships on the ground among each land of this case, the Gyeonggi-do Governor shall appoint the defendant as the master on May 31, 2016 and shall hold the defendant as the master on December 2, 2016 of the former Plant Protection Act.

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