1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

The Plaintiff, around 1987, was depthd on the ground of 1035 square meters prior to D, Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun, and the Defendants currently occupied the said land. As such, the Plaintiff, as the owner of the instant trees, sought delivery of the instant trees to the Defendants, who are the occupants of the instant trees.

In light of the legal principles under Article 256 of the Civil Act that the owner of a real estate shall acquire the ownership of an article attached to the real estate unless attached by another person’s title. As such, the legal principles under Article 256 of the Civil Act, which purport that the owner of the real estate shall acquire the ownership of the article attached to the said real estate, are also applied to the case of trees. Accordingly, the owner of the trees planted on the said land by lawful title, such as the right to loan for use of the land, has the ownership of the trees, and does not correspond to the land, but the ownership of the trees planted without such title belongs to the landowner (see, e.g., Supreme Court Decision 2008Da64102, Dec. 11, 2008; 2008Da64119, Jun. 19, 2008). In this case, there is no evidence to acknowledge that the Plaintiff was the owner of the above land, or that the Plaintiff planted the trees in this case based on the title.

Therefore, the plaintiff's claim is dismissed. It is so decided as per Disposition.