2. The costs of lawsuit are assessed against the plaintiffs.

A. G completed the registration of ownership transfer on the ground of sale on July 15, 1998 with respect to Fagm2 (hereinafter “instant land”) in Gyeonggi-gu, Gyeonggi-do on August 7, 1998, on the ground of sale and purchase on July 15, 1998. G’s wife and the Plaintiffs, who are children, completed the registration of ownership transfer on the ground of each of 1/3 shares out of the instant land on December 29, 203.

B. The Defendants, as owners of H, I, J, K, and L land adjacent to or adjacent to the instant land (hereinafter “Defendant-owned land”), planted 47 night trees (hereinafter “the instant trees”) at the location indicated in the attached Form 1 through 47, respectively, in order to avoid the regulation of idle farmland, on the instant land owned by the Defendants, when planting night trees on the Defendants’ land, and abutting on the said H and I land, in order to avoid the regulation of idle farmland.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, 5, and 6, Gap's statements and images (including each number), the purport of the whole pleadings

2. Determination

A. The Plaintiffs asserted that, as the Defendants planted the instant trees on the instant land without permission, the Defendants are obligated to collect the above trees on the instant land.

In light of the legal principles under Article 256 of the Civil Act that the owner of a real estate shall acquire the ownership of an article attached to the real estate unless attached by another person’s title. Thus, the ownership of a tree planted on the land by lawful title, such as the right to loan for use of the land, belongs to the owner of the land, and the ownership of the trees planted without such title belongs to the owner of the land (see, e.g., Supreme Court Decisions 80Do1874, Sept. 30, 1980; 89Meu21095, Jan. 23, 1990; 97Do3425, Apr. 24, 1998).