A. On March 30, 2013, E: (a) around 30, 2013, the Defendant leased the instant land at KRW 1,760 square meters (hereinafter referred to as “instant land before the instant partition”) with the rent of KRW 4 Gama and the lease period from KRW 2011 to 2015.

B. The defendant is occupying each of the above land by planting landscaping trees.

C. On November 13, 2015, the Plaintiff purchased each 1/2 share of 1/2 of 1,000 square meters and D 880 square meters (hereinafter “each of the instant land”) each of the instant land divided from E before the instant land was divided from E, and completed the registration of the transfer of ownership on November 24, 2015.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant is the owner of each of the lands of this case, barring special circumstances, and thus, the defendant is the owner of each of the lands of this case, and thus, as a preservation act, the plaintiff may claim the collection of trees planted

Therefore, barring special circumstances, the defendant is obligated to collect the trees planted on each land of this case from the plaintiff and deliver the land to the plaintiff.

B. The defendant's assertion that since the plaintiff purchased each of the lands of this case without his own intention, the registration of transfer of ownership in the plaintiff's name is null and void pursuant to Article 6 (1) of the Farmland Act. However, there is no evidence to acknowledge that the plaintiff purchased the farmland without his own intention, the above argument by the defendant is without merit.

3. The plaintiff's claim for the conclusion is justified and acceptable.