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(영문) 청주지방법원 2018.11.27 2018가단2486
토지인도 등
Text

1. By June 30, 2020, the Defendant indicated the Plaintiff’s appraisal by the attached court of Jincheon-gun, Jincheon-do, Jincheon-do, as well as 1,2,3,4,5,6,7,8,9.

Reasons

1. The Plaintiff is the owner who completed the registration of ownership transfer on December 17, 2012 by the decision of sale due to voluntary auction on December 17, 2012, the forest land of 19,041 square meters (hereinafter “the forest land of this case”) in Jincheon-gun, Chungcheongnam-do, Chungcheongnam-do. The Plaintiff asserted that, on January 14, 2013, the registration of ownership transfer was completed under Article 633 of the Jincheon District Court’s receipt of Jincheon District Court’s receipt, and the Defendant occupied the forest of this case without the Plaintiff’s consent.

Thus, barring special circumstances, the defendant should deliver the forest of this case to the plaintiff, such as the purport of the claim, and collect the mountain ginseng, which is planted in the forest of this case.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence Nos. 1 to 9, the purport of the whole pleadings

2. After entering into a lease agreement with D on the instant forest, the Defendant: (a) around November 6, 201, after cutting out a shot tree on the body part of the body body of the “cream” (excluding the parts of the instant forest); and (b) laid up a banner by cutting it up to a shot net on the boundary of the seeding part (such as the photo, etc. of the mountain diculous mountain dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic dic d

According to the statement of evidence No. 1, the defendant entered into a lease contract with D, and the fact that the defendant sold the forest of this case to the defendant of this case, but the plaintiff succeeded to the right to lease to the defendant of this case.

In addition, there is no evidence to acknowledge that the Defendant, as a lessee of the forest land in this case, has the right to oppose the Plaintiff, and further, the evidence that the Defendant is a legitimate lessee who can oppose the Plaintiff as either an extension of the right to lease the forest land in this case or a successor.

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