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(영문) 전주지방법원 남원지원 2021.01.20 2019가단10850
토지인도
Text

The Defendant, as the Plaintiff

A. Of the 1,206 square meters of forest land in Jeonbuk-gun, Jeonbuk-gun, the respective points are indicated in the annexed drawings 3, 7 through 13, 4, and 3.

Reasons

1. Facts of recognition;

A. On November 17, 1998, the land divided from D Forest (hereinafter “forest land before the division”) in the former Y-gun C Forest No. 1,206 square meters (hereinafter “the instant forest”) was changed by the person holding the ownership on the registration as indicated below, since E (F) completed the registration of ownership transfer on September 23, 1965.

On October 26, 2004, in relation to the nominal owner of the registration on the date of receipt of the registration, the title holder on the date of receipt of the registration, and the mother of inherited G G on October 26, 2004, and the mother of inherited G G on October 26, 2004, among the children of Gift H H on November 30, 2006, donated on November 30, 2006, and the partner of Plaintiff I, donated on October 30, 2008, by November 30, 2006.

B. From May 31, 2009 to the date, the Defendant planted trees, etc. (hereinafter “the instant trees”) on the ground of part (A) of 754 square meters on the land connected in sequence with the marks indicated in the annexed drawing Nos. 3, 7 through 13, 4, and 3 among the instant forest land (hereinafter “the instant forest land”), and occupied and used them.

(c)

From May 31, 2009 to January 7, 2020, the rent for the instant forest is KRW 975,490, and the monthly rent for the period from May 31, 2019 to January 7, 2020 is KRW 10,933 (i.e., the market price of the instant forest 8,746,40 won x (0.015 x 1/12).

[Ground of recognition] Unsatisfy, Gap 1-3 evidence, Eul 1 evidence or images, the Korea Land Information Institute, and the J Evaluation Agency's office for appraisal, the purport of the entire pleadings

2. Assertion and determination

A. According to the above facts of determination as to the cause of claim, the Plaintiff is presumed to be the lawful owner of the forest of this case as the nominal owner in the registration of the forest of this case (see Supreme Court Decision 96Da19338, Oct. 29, 1996, etc.). Thus, unless there is proof as to the source of possessory right, etc., the Defendant illegally planted the trees of this case on the ground of the part A among the forest of this case and occupied the said part.

The Defendant is obligated to collect the instant trees from the Plaintiff and deliver the portion of the instant forest land to the Plaintiff.

In addition, the defendant.

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