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(영문) 의정부지방법원 고양지원 2018.11.30 2017가단90656
공탁금 출급청구권 확인
Text

1. The deposit money deposited by the Republic of Korea as gold No. 2942 in 2016, Dec. 28, 2016 in the Pyeongtaek District Court: 116,860.

Reasons

In fact, on June 12, 1971, the plaintiff, 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 "No. 9143") with respect to the land of the same 1/3 of E forest land in Ansan-si.

A. The land indicated in the above paragraph was divided into F, G, H, I, J, and K on November 19, 1981, and thereafter the land E was replaced with L’s 1,954 square meters and 10,007 square meters before M (hereinafter “each of the instant land”) according to the Land Partition Adjustment on August 10, 1982.

C The C died on January 17, 1990, and the Defendant, a child of C, completed the registration of ownership transfer on June 21, 2016, based on inheritance consultation and division.

The Plaintiff purchased 360 share of tree seedlings around November 1997 and planted and cultivated fruit trees on each land of this case for a considerable period of time, such as planting them on each land of this case. The Plaintiff also stated that the Plaintiff had performed fruit farming houses from each land of this case since before around 2002 in the farmland ledger.

From November 2005, the Plaintiff leased to N all of the instant land and its ground fruit trees to N, while growing the above fruit trees, the Plaintiff additionally planted the fruit trees on the ground of each of the instant land.

On May 31, 2016, the Governor of the Gyeonggi-do confirmed a video disease on each of the instant lands, pursuant to Article 36(2) of the former Plant Protection Act (amended by Act No. 14299, Dec. 2, 2016; hereinafter the same) with the Plaintiff as a tree, the Governor of the Gyeonggi-do issued an emergency control order with the effect that the tree tree on each of the instant lands is prohibited from growing for the next five years (hereinafter referred to as “instant pest control order”).

The plaintiff on June 6, 2016.

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