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(영문) 제주지방법원 2017.02.14 2016가단51216
토지인도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Each land listed in the separate sheet (hereinafter “each land of this case”) was owned by C. After C died on December 1, 1995, the registration of transfer of ownership was completed on August 25, 2014 due to inheritance due to an agreement division in the future of the Plaintiff, who is a child, on December 1, 1995.

B. Before the death, C planted 20,000 square meters of 9091 square meters of the forest land D in Seopopo-si, Seopo-si, Seopo-si, in the separate sheet on November 8, 2004, and was divided into 2491 square meters of E forest land in Seopo-si, Seopo-si; hereinafter “instant land before the instant subdivision”). From around December 1995, C’s wife and the Plaintiff’s mother sold the following trees to the Defendant, who sells the landscape trees with the trade name H from Seopo-si, Seopo-si, Seopo-si, in the instant division, without specifying the volume of the remaining trees on the land before the instant subdivision.

C. Around September 2005, if E land was incorporated into a road, F received compensation of KRW 18 million and compensation of KRW 13 million for the above land. Around October 2005, the Defendant demanded F to pay the compensation for the latter trees and demanded F to pay a part of the compensation to the Defendant.

On February 14, 2002, the Defendant made a written oath to the Plaintiff on February 14, 2002, stating that “The land before the division of this case, land before the division of this case, term of contract: by 203 (Post-consultation), and the land was used by 2003 and a pledge to re-consultation upon the completion of the period of use.”

E. At present, part of the instant land remains, and around December 2015, the Plaintiff sent to the Defendant a content-certified mail claiming the collection of each of the instant land and the payment of usage fees.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, 7, Eul evidence No. 3 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion has yet to be collected part of the plaintiff's claim after purchasing 20,000 young trees around December 1995.

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