A. On October 27, 2016, the Plaintiff acquired ownership of a forest land of 116 square meters (hereinafter “C land”) in Jincheon-gun, Jincheon-gun, Jincheon-gun (hereinafter “C land”).

The Defendant acquired ownership on December 12, 2013 on the ground of sale of land for a factory of 3,246 square meters (hereinafter referred to as “D”) in Jincheon-gun, Chungcheongnam-gun, Chungcheongnam-do.

The plaintiff's land and the defendant's D land are connected with each other by the line that connects each point of the attached Table 1, 2, 5, and 6.

B. B. Before the Plaintiff and the Defendant acquired each piece of land, there were 1 g g tree (hereinafter “the instant pine tree”) on the boundary line of the land C and D (attached appraisal also indicated “the actual value”). At present, part of the instant pine trees, among the Plaintiff’s land, are located on the ground of 1 m3m2 inside the steel gate, which connects each point of the Plaintiff’s attached appraisal of 2,3,4,5, and 2.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 9 (including additional numbers), Eul evidence Nos. 1 through 3, the result of the measurement and appraisal commission to the Jincheon Branch of the Korea Land and Land Information Corporation, the purport of the whole pleadings

2. Judgment on the parties' arguments

A. On October 27, 2016, the Plaintiff acquired the ownership of the instant pine trees, which are planted on the ground along with the land C, in an auction procedure for exercising the right to collateral, etc. on October 27, 2016. Since the instant pine trees, which are only Hansi, cannot be deemed as planting for the boundary marking of both land, it is the Plaintiff’s sole ownership, as it is not applicable to Article 239 of the Civil Act. Therefore, the Defendant seek confirmation of ownership against the Defendant, who installed a steel fence around the instant pine trees and manages pine trees. 2) The instant pine trees were planted within D land to indicate the boundary of both land.