1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

Claim:

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the following additional portions, and thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the Civil Procedure Act.

2. The addition;

A. (1) The Defendant’s assertion related to the instant tree (1). Since the instant tree was planted by FF before 300 by title, such as the loan for use, the owner of the instant tree under Article 256 of the Civil Act, Article 256 of the Civil Act, shall acquire the ownership of the article attached to the instant tree.

However, this is not applicable to those attached by another person's source.

Pursuant to the proviso, the Plaintiff is not owned.

Therefore, the Defendant’s disposal of the instant tree does not constitute a tort against the Plaintiff.

② Even if the instant trees are owned by the Plaintiff, the Defendant actually disposed of the instant trees in KRW 27 million, and this is an objective transaction value.

Therefore, the amount of damages to be paid by the defendant is KRW 27 million.

Even if the above disposition is not an appropriate value, the value of the instant tree ought to be calculated, taking into account the circumstances in which it is impossible to sell the tree without permission by the Administrator of the Cultural Heritage Administration.

If the appraiser of the first instance court considers the above circumstances, the value of the instant tree was KRW 37.6 million.

(2) Determination ① The evidence presented by the Defendant alone is not clear as to who planted the instant tree on the instant land with any title.

Therefore, it is difficult to apply the proviso of Article 256 of the Civil Code to the tree of this case, so the tree of this case is owned by the plaintiff who is the owner of the land of this case.

The defendant's assertion on this is not accepted.

② As seen earlier, the first instance appraiser assessed the value at the time the Defendant disposed of the instant tree as KRW 41,798,930.

Therefore, the plaintiff's damages are equivalent to the above value.