임목소유권확인
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. Basic facts
A. On March 11, 1995, the network E (hereinafter “the network”) completed the registration of ownership transfer for each land listed in the separate sheet (hereinafter “each land of this case”) on March 10, 1978.
B. From around 1979, the Plaintiff planted and managed trees of the standard tree, etc. listed in the separate sheet (hereinafter “instant trees”) on the ground of each of the instant land from around 1979, while constructing three buildings without permission.
C. Meanwhile, the Deceased died on January 27, 2014, and the Defendant B, C, and D, the deceased’s spouse, jointly inherited the deceased’s property.
[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1, 5 through 8, 10 through 13, Eul evidence No. 3 (including each number), video and the purport of the whole pleadings
2. The parties' assertion and judgment
A. The plaintiff asserts that around 1979, the plaintiff planted the trees of this case on the ground of each of the lands of this case upon the plaintiff's request for planting trees in order to prevent soil erosion and landslide. Thus, the ownership of the trees of this case belongs to the plaintiff, and the defendants raised that the trees of this case are owned by the defendants, the heir of the deceased, because they were planted trees on the ground of each of the lands of this case without any title. Accordingly, the plaintiff asserted that the trees of this case correspond to each of the lands of this case and therefore, they are owned by the defendants, the heir of the deceased.
B. The legal doctrine of conformity with Article 256 of the Civil Act, which stipulates 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, applies to the case of trees, etc., as a matter of principle, the ownership of trees planted on the land belongs to the owner of the land, and exceptionally belongs to the owner of the land based on legitimate title, such as the right to use the land, and the ownership of trees planted on the land shall be attributed to the person planting it only