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The defendant shall be innocent.
Reasons
1. The summary of the facts charged in the instant case pertaining to 2007: (a) around March 13, 201, the Defendant: (b) around March 13, 201, around 201, 200gs and roots in the market price, which is the victim’s ownership, using the excavation season in the Duyang-gun, Jeonyang-gun, the father of the Defendant, using the excavation season, using the victim E; and (c) as a result of the survey, 1gs and 200gs in the market price, which is the victim’s ownership of the said land identified as the result of the survey, was destroyed by breaking up approximately 20gs.
Pursuant to Article 240 of the Civil Act, if the land of trees in adjoining land exceeds the boundary line, the owner of the land may request the removal of the branch (paragraph (1)), and if the owner of the adjoining land fails to comply with the request, the claimant may remove the branch (Paragraph (2)), and if the roots of trees in adjoining land exceeds the boundary line, it may be removed at will.
(3) Article 256 of the Civil Act provides that the owner of real estate shall acquire the ownership of an article attached to the real estate. According to the evidence 1 and each description of notice (Investigation Record 98 pages), the owner of the real estate shall be deemed to have acquired the ownership of the article attached to the real estate, and according to the fact that Daehan-gun, Namyang-gun, the father of the defendant, and C shall be the owner of C, who is the father of the defendant, and C shall demand the victim to remove the trees affected by the above land on April 16, 2010, but the victim shall not comply with the demand. Thus, C shall have the right to remove the 2 girs and roots of the reduced trees affected by the above land.
and the large-scale and private trees planted on the above D land were owned by C in accordance with that land.
As such, the above facts charged do not constitute an offense.
2. The summary of the facts charged in the instant case pertaining to the 201 High Court Decision 2520 is that the Defendant is the son’s children holding D, Jeonyang-gun, and the community residents used part of the said land as a road for about 40 years. However, around March 10, 201, the 3.5 meters wide and 2 meters high at the middle of the said road.