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1. The Defendant (Counterclaim Plaintiff) paid KRW 15,00,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from April 7, 2018 to May 23, 2019.
Reasons
1. Facts of recognition;
A. C: (a) on January 4, 1979, purchased 727 square meters and E 1,888 square meters and completed the registration of ownership transfer in its name on February 27, 1979.
B. After the death of F, F, his mother, F, after the death of F, G, on March 25, 198, completed the registration of ownership transfer based on the F’s name “Sale on March 25, 1980” with respect to the instant land.
(No. 9). (c)
Accordingly, on June 29, 1988, H (I, hereinafter “H”) in Japan, who is his father, claimed ownership of the land of this case after receiving a decision of provisional disposition prohibiting disposal of the land of this case. On May 3, 2006, H (I, hereinafter “H”) completed the registration of ownership transfer on the land of this case on the ground of “the inheritance by consultation and division on January 16, 1988.”
On the other hand, the Plaintiff, from around 190 to around 2004, was planting trees at the edge of the pertinent land during the period of 1990 while putting a rice farmer into the instant land, the land category of which is “responding.” In 2004 to 2005, the Plaintiff was a household building on the instant land (hereinafter “instant household building”).
E. H on November 17, 2008, sold the instant land to the Defendant and completed the registration of ownership transfer on December 2, 2008 to the Defendant.
F. The Plaintiff, along with J, planted a large number of seedlings on the instant land before and after the time when the Defendant purchased the instant land, and continuously planted a large number of trees, such as trees for landscaping even after the Defendant purchased.
G. After the Defendant decided to sell the instant land to K around September 2017, around November 15, 2017, the Defendant sold all the remaining trees except for some trees at the edge of the instant land, and discarded the household tools in the instant building while removing the instant building.
(hereinafter collectively referred to as “damage to Property of this case”). (h)
The Defendant was indicted by the Changwon District Court 2018 Godan518 due to the instant damage of property, and the said court removed the provisional building of this case on July 19, 2018.