Whether the land bidder acquires the trees planted on the basis of the land lease (negative)

According to the right to use the land, the tree planted on the land shall be owned by the person who planted it, and shall not be in conformity with the land. Therefore, even if the land was sold by auction after the planting of the tree, the successful bidder shall not acquire it by auction even if the land was sold by auction.

Article 256 of the Civil Act

Supreme Court Decision 80Do1874 Delivered on September 30, 1980

Plaintiff

[Judgment of the court below]

Daegu District Court Decision 88Na9556 delivered on June 21, 1989

The appeal application is dismissed.

1. The first ground for the application shall be considered as one point;

According to the reasoning of the judgment below, on August 20, 1984, the court below concluded a loan agreement for use with the Plaintiff on the part of the vacant land and about 3,190 square meters, including the land adjacent thereto, owned by the same company on August 20, 1984. Factory site (hereinafter “instant land”) and about 3,190 square meters, such as the land adjacent thereto, for 10 years from the date of the contract, and managed it after planting the trees of this case on the ground of the contract. On January 16, 1987, the land of this case was sold to the Korean Commercial Bank Co., Ltd., the Korean Commercial Bank and it was soon decided on July 8, 198, and compared with the records that the Defendant purchased the above land, the court below's fact-finding was just and there is no error of law by misunderstanding the facts against the rules of evidence, and therefore, there is no error in the misapprehension of the rules of evidence.

2. The second ground for the application shall be examined;

In the case of planting trees on the land owned by another person, the party member (see Supreme Court Decision 80Do1874, Sept. 30, 1980; 80Do1874, Sep. 30, 198) who was planted by title when planting trees on the land owned by another person, and the court below, in the same legal principle, planting the trees of this case on the ground of the title that the Plaintiff planted the trees of this case on the land of this case, and thus, the trees of this case does not correspond to the land of this case. Thus, the court below's decision to the effect that even if the Defendant's electronic person was awarded the land of this case by auction after planting trees of this case, it did not acquire the trees of this case, which are owned by the Plaintiff, by the auction, is just and there is no error of law as pointed out

3. Therefore, the appeal application is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Chang-chul (Presiding Justice)