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(영문) 서울중앙지방법원 2020.08.20 2018가단5240854
수목수거 등 청구
Text

1. The Defendants are marked with Form 1 of Attached Form 2, among the real estate listed in paragraph 1 of the attached Table 1, to the Plaintiff.

Reasons

1. In full view of each of the statements in Gap evidence Nos. 1 through 4 (including paper numbers), the plaintiff is the owner of the real estate listed in the annexed Table Nos. 1 through 10 of the real estate list No. 1 (hereinafter "the land of this case"), and the defendants begin to plant trees on the land of this case from the spring point of 2007, and now are planting and owning the trees listed in the annexed Table Nos. 1 through 7 of the annexed Table No. 3 (hereinafter "the trees of this case") on the ground of No. 1 to 7 of the annexed Table No. 2 of the land of this case, and there is no counter-proof.

According to the above facts, the defendants are obligated to collect the trees of this case from the plaintiff, unless they assert and prove the legitimate source of right to possess the land of this case, and to deliver part of the land of this case Nos. 1 through 7 of the annexed drawing Nos. 2.

2. On March 1, 2008, the Defendants concluded a superficies contract with the Plaintiff on March 1, 2029 with the term of existence up to March 1, 2029, 9,500,000 on the instant land, and completed the registration of creation of superficies on the instant land at around that time. While the Plaintiff sold the instant land to Leecheon-si D and E on December 2, 2015, requested the Plaintiff to cancel the registration of creation of superficies established in the name of the Defendant, etc. on the said land and issued a certificate of personal seal impression, power of attorney, etc. as necessary. However, the Plaintiff asserted that the registration of creation of superficies on the instant land was cancelled without any authority. Accordingly, the Defendants’ assertion is insufficient to acknowledge this by itself, and there is no other evidence to acknowledge this.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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