(영문) 전주지방법원 2020.09.29 2020가단7516

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Reasons

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(영문) 전주지방법원 2020.09.29 2020가단7516

토지인도 등

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Of the land size of 873 square meters in Jeonbuk-gun, Jeonbuk-gun, Jeonbuk-gun, the Defendant has each point of the attached Table 13,6,18,17,16,15,14, and 13.

Reasons

1. Facts of recognition;

A. On February 27, 2020, the Plaintiff purchased a lot of 873 square meters (hereinafter “Plaintiff’s land”) in the name of the Plaintiff and completed the registration of ownership transfer in the name of the Plaintiff.

B. However, on the ground of the part (B) of the attached sheet No. 13, 6, 18, 17, 16, 15, 14, and 13 among the Plaintiff’s land, the part on the ship connected each point of the attached sheet No. 4, 5, 13, 14, 15, 16, 17, 20, and 4 of the attached sheet No. 17, 18, 7, 19, and 17 are agricultural products, such as trees planted by the Defendant, on the ground of the attached sheet No. 12 square meters.

[Ground of recognition] A without dispute, entry or video of Gap evidence 1-1, Eul evidence 4, 5, and 6, the result of the appraisal commission to the Korea Land Information Corporation of this Court, the purport of the whole pleadings

2. Determination:

A. According to the above fact-finding on the cause of the claim, barring any special circumstance, the Defendant is obligated to collect the portion of the Plaintiff’s land and other agricultural products, including trees on the ground with the aggregate of 41 square meters of land attached to the Plaintiff’s land, which are linked in order to the Plaintiff, the owner of the land, each point of which is indicated in the attached Table 13, 6, 18, 17, 16, 16, 15, 14, 15, 16, 17, 17, 20, 17, and 17, and 41 square meters of land attached to the Plaintiff’s land, and to deliver each part of the said land.

B. As to the Defendant’s assertion, the Defendant asserted that the Defendant occupied part of the Plaintiff’s land before the Plaintiff acquired the ownership of the Plaintiff’s land, but there is no evidence to acknowledge that the Defendant occupied part of the Plaintiff’s land under the recognition of the former owner of the Plaintiff’s land. Even if the Defendant occupied part of the Plaintiff’s land under the recognition of the former owner of the Plaintiff’s land,

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