수목소유권확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts (applicable for recognition: Fact that there is no dispute, entries in the evidence No. 1-1 and No. 2, and the purport of the whole pleadings);
A. The land of this case was owned by E, and the registration of ownership transfer was completed for F and G on November 14, 200 due to the inheritance due to the consultation division as of November 14, 200. The registration of ownership transfer was completed with respect to one half of each share to F and G on the basis of the inheritance as of November 14, 200.
B. On November 7, 2007, the Defendant purchased the instant land from F and G around November 7, 2007, and completed the registration of ownership transfer for the entire shares on December 4 of the same year.
C. Trees are planted on the ground of the instant land.
From February 10, 2006 to January 29, 2014, the defendant served as the representative director of the plaintiff.
2. Judgment on the plaintiff's assertion
A. The summary of the assertion was around April 1976, HH established a company and conducted landscaping-related business. On December 1988, the company transferred the above company to another person and established the Plaintiff company on March 1, 1989, and the trees to be provided for landscaping-related business upon commencing the above landscaping-related business and planting them on the instant land.
In other words, trees planted on the ground of the instant land are landscape trees created for commercial purposes, and the kind and quantity of trees are as shown in the attached Table 2, which are all owned by the Plaintiff.
E was well aware of the fact that the F, G succeeded to the land of this case from E, and therefore, the sale of the land of this case to the Defendant did not include the trees on the ground in the sale subject to the sale.
Nevertheless, the Defendant denied the Plaintiff’s ownership of trees on the ground of the instant land. Therefore, the Plaintiff seeks confirmation of ownership of trees.
B. Trees attached to the judgment land are not, in principle, independent objects as fixtures to land, but are exceptionally separate from land ownership without separating trees from land.