1. The plaintiff's claim is dismissed.

2. With respect to cases where this Court applies for the suspension of compulsory execution 2016 Chicago5090, the case shall be October 2016.

1. Basic facts

A. On May 24, 2013, the Defendant completed the registration of creation of each collateral security (hereinafter “instant collateral security”) (hereinafter “instant collateral security”) with respect to eight parcels of land, including each land listed in attached Table 1 (hereinafter “instant land”), which is owned by a limited liability company (hereinafter “non-party company”) as indicated in the attached Table 1 (hereinafter “instant land”).

On the same day, the defendant completed the registration of creation of superficies for the purpose of owning solid buildings, structures, or trees as to the land, etc. of this case, which is 30 years of duration.

Article 1(1) (Indication of Objects) (1) All other landscaping trees and other landscaping trees (Recovery trees) trees listed on the land of this case (2) with respect to the land of this case, the purchase price of this case under Article 2 (Sale Price) for which a right to use the land of this case has been granted for a period of ten years from the date of the contract shall be KRW 100 million and shall be offset against the lien cost.

B. On August 10, 2013, the Plaintiff concluded a contract for the use of trees and superficies (hereinafter “instant contract”) with the Nonparty Company as follows.

C. As the non-party company did not repay the secured debt of the instant right to collateral security, the Defendant filed an application for an auction to exercise the right to collateral on the instant land, etc., and received a voluntary decision on commencement of auction (this court B) on January 16, 2015. At present, the auction procedure is underway when the appraisal of the instant land, etc., including the value of trees on the instant land, was calculated.

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff purchased 85gs planted on the instant land through the instant contract from the non-party company, the owner of which was the non-party company. After obtaining the right to use the instant land from the non-party company, the Plaintiff planted 4,00gs of pine trees on the instant land around October 5, 2013.

Since the plaintiff has kept and managed the above trees in a prestigious manner, the above trees (attached Form 2) shall be the plaintiff.