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(영문) 춘천지방법원 2016.01.19 2014가단10390
시설물철거, 대지인도
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. The annexed drawings shall be indicated among the area of 103,438 square meters of forest land D, Gangwon-gun, Gangwon-do.

Reasons

1. The principal lawsuit and counterclaim shall be deemed to be filed together with the fact of recognition;

A. On September 23, 2013, the Chuncheon District Court E rendered a decision to commence the voluntary auction of real estate (hereinafter “instant real estate auction decision”) with respect to the instant forest land owned by the Defendant, and the Plaintiffs purchased the said forest land at the above auction procedure and completed the registration of ownership transfer on July 23, 2014 with respect to shares of 1/2 out of the said forest land on July 17, 2014.

B. The Defendant installs a tent (hereinafter referred to as the “instant chickens”) on the part of 341.7 square meters in the ship connected with each point in sequence of the annexed drawings on the land of the instant forest, and respectively, installs a tent (hereinafter referred to as the “instant tent”) on the area of 22.3 square meters in the ship connected each point in sequence, and raises 1,000 pots. The Defendant is occupying the forest of the instant case by planting 50 necks on the attached drawings and on the ground.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 6, the purport of the whole pleadings

2. Determination on the main claim

A. The plaintiffs asserted that, without any title, the defendant installed a tent and a chickens on the forest of this case owned by the plaintiffs, and occupied and used the forest of this case by raising chickens and planting scood trees. Thus, the defendant asserts that the defendant is obligated to take the above chickens and scood trees from the plaintiffs, remove the tent and a chickens, deliver the forest of this case, and return unjust enrichment equivalent to the rent.

B. According to the above facts of determination as to the cause of claim 1, the defendant takes the chickens and scood trees raised and planted in the forest of this case to the plaintiffs, co-owners of the forest of this case, barring special circumstances, and removes the tent and chickens of this case, and deliver the forest of this case, and the plaintiffs transfer the forest of this case to the forest of this case.

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