1. The appeal on the part of the plaintiff's claim for the collection of trees shall be dismissed;

2.The judgment of the first instance shall be modified as follows:

1. If there is an omission of judgment on the legitimacy of an appeal as to the part of a claim for the collection of trees, the part of the appeal shall be still pending in the original judgment, and thus, it shall not be subject to appeal (see, e.g., Supreme Court Decision 2004Da24083, Aug. 30, 2004). Meanwhile, whether there is omission of judgment shall be determined by the entry of the text, first of all, and if there is no judgment on the whole of the claims but the judgment on the part of the claim has been omitted during the reasons, it may not be deemed that there is an omission of judgment without attaching the reasons (see, e.g., Supreme Court Decision 2001Da73572, May 14, 2002). In a case of dismissing a claim, whether the judgment on the whole of the claims is written shall be determined by considering the purport of the claim and the reasons for the judgment.

B. On September 1, 2015, the Plaintiff changed only the purport of the claim under (1) or (3) as stated in the complaint, following the Plaintiff’s claim against the Defendant for land transfer, (2) unpaid rent claim, (3) compensation equivalent to rent, and (4) removal of trees.

In the text of the judgment of the first instance court, “the plaintiff’s remaining claims are dismissed,” but the purport of the judgment is omitted, and the reasons for the judgment are only stated about the delivery and rent of the land, and it is obvious in the records that no explanation is made about the claim for tree collection. Thus, “the plaintiff’s remaining claims are dismissed” cannot be deemed to be a judgment on the whole claim, and therefore, it shall be deemed that there is no judgment as to the claim for tree collection omitted from the purport of the judgment and reasons for the judgment.

Thus, the part of the plaintiff's request for the collection of trees is continuing in the first instance trial.