유체동산인도
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The plaintiff's assertion was planted on the land as stated in the purport of the claim (hereinafter "the instant timber") at the time when he resided in the Gyeongcheon-gun, Gyeongbuk-gun, 1987.
Since the Defendants currently occupy the above land and the instant trees, the Plaintiff, as the owner of the instant trees, sought delivery of the instant trees from the Defendants, who are the possessor.
2. Determination
A. The ownership of trees planted on the land by lawful title, such as the right to use the land for the free, etc., is owned by the planting person and does not correspond to the land, but the ownership of trees planted without such title is reverted to the landowner (see, e.g., Supreme Court Decision 2008Da64102, Dec. 11, 2008; 2008Da64119, Jun. 11, 201).
Judgment
As alleged by the Plaintiff, even if the Plaintiff planted the instant tree at around April 1987 on the 1,305 square meters, the Plaintiff’s claim on the premise that the Plaintiff is the owner of the instant tree was the owner of the instant land at that time, according to the evidence No. 3, it is insufficient to acknowledge that the Plaintiff had a legitimate title to planting the instant pine trees on the said land, and there is no other evidence to acknowledge otherwise. Thus, the Plaintiff’s claim on the premise that the Plaintiff is the owner of the instant pine trees is without merit.
3. Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed and it is so decided as per Disposition.