1. The defendant collects mulberry trees planted on each land listed in the annexed sheet to the plaintiff and delivers each of the above land.

1. Facts of recognition;

A. On February 12, 2015, the Plaintiff acquired ownership of each land listed in the separate sheet (hereinafter “instant land”) by winning a successful bid in the process of voluntary auction (D).

B. The instant land is planted by the Defendant-owned mulberry trees.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 4, 5 (including branch numbers), the purport of the whole pleadings

2. According to the facts of determination as to the cause of the claim under paragraph (1), the defendant is obligated to collect mulberry trees planted on the instant land and deliver the said land to the plaintiff.

3. Judgment on the defendant's defense

A. The defendant asserts that the defendant cannot respond to the plaintiff's claim since he concluded a superficies contract with C and the above land for the purpose of owning trees around 192.

On the other hand, a superficies is established by establishing a superficies contract between a landowner and a person who intends to acquire superficies (Article 186 of the Civil Act) and by registering the creation of superficies (Article 186 of the Civil Act). However, there is no evidence to acknowledge the fact that the defendant concluded a superficies contract with C, or completed the registration of the creation of superficies

Therefore, the defendant's above assertion is without merit.

B. In order to collect mulberry trees planted on the instant land, the Defendant asserts that the Plaintiff’s claim is unreasonable on the ground that the Plaintiff was awarded a successful bid with knowledge of the fact that mulberry trees planted on the said land.

However, just because the defendant asserts, the plaintiff's claim cannot be deemed to be an unfair claim contrary to the good faith principle, and there is no evidence or circumstance to acknowledge it otherwise.

Therefore, there is no reason for the above argument.

4. In conclusion, the plaintiff's claim is justified, and it is so decided as per Disposition.