A. At Jeju, the number of trees listed in the separate sheet, planted on the land of 14,552 square meters of C forest land at Jeju, shall be collected.

A. From January 20, 2016 to March 23, 2016, the Plaintiff is a person who owns the instant land upon the transfer of all co-owners’ shares in C forest land 14,552 square meters (hereinafter “instant land”) in Jeju-si.

B. On the instant land, trees listed in the separate sheet (hereinafter “instant trees”) are planted, and the Defendant acquired the ownership of the instant trees around February 2015.

C. From March 24, 2016 to September 23, 2016, the actual rent for the instant land was calculated as KRW 7,091,557.

[Ground of recognition] Gap evidence Nos. 1, 2, and 3; the result of a request for appraisal by an appraisal corporation of this court; the purport of the whole pleadings

2. According to the facts of recognition as to the cause of the claim, the Defendant, as the owner of the instant trees, possesses the instant land as the owner of the instant trees, is obligated to collect the instant trees, deliver the instant land, and pay unjust enrichment equivalent to the rent from March 24, 2016 to the completion date of delivery of the instant land, as long as he/she fails to prove his/her source of possession right.

Although the Defendant asserted that the Plaintiff lawfully purchased the instant trees from the Gwangju Bank, the former owner of the instant trees, and lawfully acquired the ownership of the instant trees, it is only the circumstance that the Defendant acquired the ownership of the instant trees, and cannot be asserted as to the possessory right of the instant land, and no other evidence exists to deem that the Defendant has the possessory right of the instant land.

Therefore, the Defendant is obligated to collect the instant trees from the Plaintiff, deliver the instant land, and pay unjust enrichment calculated by the ratio of KRW 1,181,926 per month from March 24, 2016 to the completion date of delivery of the instant land (i.e., KRW 7,091,557 ¡À6 months and less than KRW 6 months).

3. Conclusion, the plaintiff's claim is justified and acceptable.