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(영문) 광주지방법원순천지원 2019.05.30 2019가단71667
토지인도
Text

1. The Defendant collected trees planted to the Plaintiff on the land of 654m2 and 416m2 in 1,000, Seocheon-si, C, 654m2, and each of the above land.

Reasons

1. Basic facts

A. On January 31, 2019, the Plaintiff and E completed the registration of transfer of share ownership on the grounds of sale on December 28, 2018, with respect to each one-half share of each of the lands listed in paragraph (1) of the Disposition (hereinafter “each of the instant lands”).

B. The Defendant planting trees on each of the instant land and occupies each of the instant land.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to collect trees planted on each of the above lands from the plaintiff, a co-owner of each of the above lands, and deliver the above lands, except in extenuating circumstances.

On April 20, 2005, the Defendant concluded a land lease agreement with F, the former owner of each of the instant lands, and planted trees, but the term of the lease agreement was not expired. The Defendant asserted that the Plaintiff may oppose the Plaintiff since purchased each of the instant lands with the knowledge that trees were planted. However, the above circumstances alleged by the Defendant, such as the conclusion of the land lease agreement, cannot be asserted against the Plaintiff who acquired the ownership of each of the instant lands. Therefore, the Defendant’s assertion is without merit.

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.

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