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(영문) 대전지방법원 2017.06.15 2016가단7842
토지인도 등
Text

1. The defendant shall be the plaintiff.

A. Four weeks of pine trees, one peach tree, and Daejeon, that are planted in the area of 50 square meters in the area of 50 square meters prior to Daejeon Sung-gu Daejeon.

Reasons

1. Basic facts

A. On July 21, 2015, the Plaintiff purchased 50 square meters (hereinafter “C land”) and 44 square meters (hereinafter “D land”) prior to Daejeon Sung-gu, Daejeon (hereinafter “C”) from E, and completed the registration of ownership transfer on August 28, 2015.

B. Land C is planted for 4 weeks of pine trees and 1 peach tree, and 5 weeks of pine trees (hereinafter “each of the instant trees”) are planted on the land D.

C. As of August 28, 2015, annual rent as of August 28, 2015 for each of the instant land is KRW 562,00 in total, and the monthly rent as of August 28, 2016 is KRW 50,000 in total.

[Reasons for Recognition] 1-1 and 2-2 of evidence A, Gap 2-2 photographs, the Korea Land Information Corporation, F's results of each appraisal, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion (1) is the owner of each of the instant trees, and the defendant is obligated to collect each of the instant trees and deliver each of the instant land.

From the time the Plaintiff owned each of the instant lands to the time the Defendant transferred each of the instant lands, the Defendant is obligated to pay to the Plaintiff the amount of unjust enrichment equivalent to the rent for each of the instant lands.

(2) The Defendant is not the owner of each of the instant trees, and G, the Defendant’s spouse.

Even if the Defendant was the owner of each of the instant trees, if he planted each of the instant trees on each of the instant land without a legitimate title, each of the instant trees is a thing attached to each of the instant land, and the Plaintiff, the owner of each of the instant land, acquired the ownership of each of the instant trees.

Therefore, the plaintiff's claim is improper.

B. (1) In full view of the written evidence No. 3 and the witness E’s testimony, the Defendant asked whether he/she will see the trend of each of the instant lands to E at the time of around 2013, who was the owner of each of the instant lands, and E.

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