손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion asserts that the Defendant should compensate the Plaintiff for damages equivalent to KRW 3,463,00,00 in total of the value of landscape trees planted in Gwangju City C (hereinafter “instant land”) on or around June 2015, since he/she laid down trees for landscape trees (the same as the attached Table) planted in Gwangju City (hereinafter “instant land”).
2. The owner of the judgment real estate acquires the ownership of the article attached to the real estate, but the same does not apply to the article attached by another person’s title (Article 256 of the Civil Act). Accordingly, the trees planted on the land by the lease or loan of use of the land, which are owned by the planting person and do not correspond to the land.
(2) In light of the legal principles as seen earlier, it is difficult to conclude that trees remaining on the ground of this case were trees planted from around 1999 to the Plaintiff, and thus, the Plaintiff did not acquire any right to use the land of this case by planting new trees after planting trees on the ground of this case by planting them on the ground of this case, the Plaintiff entered into a lease agreement with D, the owner at the time of 1999, but planting all trees on the ground of this case, which were planted by E at the time of around 2003. Thus, it is difficult to conclude that trees remaining on the ground of this case were trees planted from around 199 to the Plaintiff, and since then around 2003, there is no evidence to acknowledge otherwise.
Therefore, the plaintiff's assertion is without merit.
3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.