A. On August 25, 2005, the Plaintiff completed the registration of ownership transfer based on the sale on August 23, 2005, with respect to 1015 square meters (hereinafter “instant land”) and 843 square meters (hereinafter “instant land”) and D previous 843 square meters (hereinafter “instant land”).

B. On November 2, 1996, the Defendant completed the registration of ownership transfer on November 1, 1996 with respect to the Gyeonggi-do E-gun, Gyeonggi-do, 380 square meters and 1008 square meters prior to F, which is adjacent to the instant land. The Defendant constructed on the said E-site one-story housing, 104.7 square meters and 44.52 square meters on the two-story housing, and completed the registration of ownership transfer on July 27, 1998 with respect to the said housing.

C. The Defendant occupies the portion of Section (b) of this case by planting trees on the ground level of 80 square meters on the part of Section (b) (hereinafter “the part of this case”) (hereinafter “the part of Section (b)”) connected with each point of Section 1, 11, 12, 13, 9, 10, and 1 in sequence among the land of this case.

[Evidence: Records or images of Evidence A: Results of the survey and appraisal by appraiser G, and purport of the whole pleadings]

2. According to the above facts of recognition, unless the defendant does not have the right to possess the part of this case among the land in this case, the defendant is obligated to collect the trees planted above the part of this case (b) and deliver the above part (b) to the plaintiff who is the owner.

3. In conclusion, the plaintiff's claim can be accepted, so it is decided as per Disposition by admitting it.