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(영문) 춘천지방법원강릉지원 2016.12.13 2016가단5746
제3자이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The fact that the Defendant completed the attachment execution for pine trees (hereinafter referred to as “instant pine trees”) without a name seal, except for pine trees affixed with a name seal of F, from among pine trees planted in Gangnam-si E (hereinafter “instant real estate”) on August 24, 2016, based on the Seoul High Court Decision 2015Na514, on which the Defendant completed the attachment execution for them (this Court 2015No. 831).

2. Determination

A. The Plaintiff asserted that the Plaintiff purchased KRW 600 shares from C in KRW 172,180,000 and indicated “F” on most of pine trees as a tape or small label, while selling KRW 150 shares on the instant real estate.

Therefore, even if the pine trees of this case did not have a clear method directly for them, it shall be deemed that they actually have a clear method.

Nevertheless, the defendant's execution of seizure against the instant pine trees owned by the plaintiff should be rejected.

B. In light of the determination, the standing timber can not be the object of an independent transaction unless it is a constituent part of the land, and in order for the standing timber to be the object of an independent transaction, it shall be an independent ground property from the land and shall have a method of public disclosure by specifying who the owner is the owner (see, e.g., Supreme Court Decision 89Meu2302, Feb. 13, 190). The fact that the instant pine trees can acquire ownership by preparing a name and a method of public announcement for each of the instant pine trees, and that it is mixed with pine trees with a name and a name and a name and a name and a name and a name and a name and a name and a name and a name and a name and a name and registration

3. Accordingly, the Plaintiff’s claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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