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(영문) 대구지방법원 2015.01.15 2014나9883
토지인도등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On April 17, 2000, the Defendant requested G to title trust on each of the instant lands, and accordingly, the registration of ownership transfer was completed in the H’s name with respect to each of the instant lands. On June 15, 2000, H obtained a loan from the National Agricultural Cooperative Federation on and around June 15, 2000, and sought a right to collateral security on each of the instant lands.

B. Upon the application of the National Agricultural Cooperative Federation, the voluntary auction procedure for each of the instant lands was conducted, and on July 13, 2005, the Plaintiff purchased each of the instant lands at the above auction procedure and acquired ownership.

C. Before the Plaintiff acquired ownership, the Defendant, on the ground of the land of this case, covered the trees listed in the Schedule C in the Schedule No. 1, and on the ground of the attached Table No. 2 on the land of this case, covered by planting the trees listed in the Schedule No. 3, and the F on the ground of the attached Table No. 4, and managed them.

The monthly rent of each land of this case shall be as shown in the attached Table 5 calculation sheet.

[Ground of recognition] A without dispute, entry of Gap evidence 1-1-4, Gap evidence 2, result of entrustment of tree appraisal by the court of first instance, result of entrustment of tree appraisal by the court of first instance, result of entrustment of tree appraisal, result of supplementation of tree appraisal, purport of whole pleadings

2. According to the facts of the determination as to the cause of the claim, the defendant is deemed to possess each of the lands of this case as the owner of trees planted on each of the lands of this case (which shall be deemed to have been planted by title in relation to H) and owned each of the lands of this case owned by the plaintiff for the purpose of owning the above trees, barring special circumstances, the defendant collected each of the lands of this case and delivered each of the lands of this case to the plaintiff, and delivered each of the lands of this case from January 1, 2010 to December 31, 2012, and KRW 73,774,80 (= KRW 5,216,406, 506, 500 won, KRW 5,940, KRW 2,704, KRW 3204, KRW 2,854, KRW 309, KRW 2079, KRW 136,530,015, KRW 1684,5616.46

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