소유권확인
Plaintiff
A Of the instant lawsuits, a list of the attached Forms 1,439 square meters and 666 square meters in the 1,439 square meters and 666 square meters in the E, Chungcheong-gun.
1. Basic facts
A. On April 2010, Plaintiff A entered into a lease agreement with the Defendant to pay KRW 20,000 per annum as to the size of 1,439 square meters and the size of 666 square meters per annum, which is owned by the Defendant (hereinafter “instant land”).
B. At present, as indicated in the [Attachment List Nos. 1 to 9 (hereinafter “Chump”) with respect to the land of this case, approximately 9 types, such as large-scale trees, rupture trees, rupture trees, and ruptures, and approximately 1,206 glue trees (hereinafter “instant trees”) are planted.
【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 4, and 7 (including virtual numbers), the purport of the whole pleadings
2. The parties' assertion
A. After entering into a lease agreement, Plaintiff A planted trees Nos. 1 through 7 in the instant land. On October 8, 2012, Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”) engaged in landscaping planting (hereinafter “Plaintiff B”) planted trees Nos. 6 and 7 in the instant land with the Plaintiff’s consent around April 2013, as well as purchasing trees Nos. 8 and 9 in the instant land with the Plaintiff’s consent.
Since the tree of this case was planted on the premise that it should be transplanted to another place for sale, and it can be the object of separate ownership in the transaction with independent economic utility as provided by Article 189(2)1 of the Civil Execution Act, it constitutes corporeal movables that do not fit the land of this case. Since the ownership of trees listed in Nos. 1 through 5 among the trees of this case belongs to the plaintiff A, and the ownership of trees listed in Nos. 6 through 9 belongs to the plaintiff B, the defendant who claimed ownership shall seek confirmation of ownership of the trees of this case against the defendant who claimed ownership.
B. The summary of the Defendant’s assertion does not include the number of trees listed in 4(p) and 5(p) from among the number of trees planted by the Plaintiff A, and the Plaintiff B planted the number of trees listed in 1, 2, 3, 6 through 9 without the consent of the Defendant, the land owner.