1. The judgment of the court of first instance is modified as follows.

The defendant shall be on the ground of 935 square meters in ASEAN-si, the plaintiff.

1. Facts of recognition;

A. On March 27, 1959, the Defendant’s father He completed the registration of transfer of ownership with respect to the ASEAN G forest (hereinafter only indicated as the lot number and land category) on March 27, 1959. The above G forest was divided into I forest and J forest, and the above I forest were divided into E orchard, and the land number and land category were changed into F orchard.

B. On December 1, 1985, the network H donated E orchard to the Defendant and completed the registration of ownership transfer on March 22, 1995. On April 11, 1974, the network H sold F orchard to K and completed the registration of ownership transfer on January 18, 1979. On May 29, 1985, K sold F orchard to D and completed the registration of ownership transfer on May 30, 1985.

C. On December 9, 1995, F orchard 25,486 square meters was divided into M orchard 1,100 square meters and C orchard 935 square meters (the instant orchard).

The Plaintiff purchased the instant orchard from D on December 17, 2014 and completed the registration of ownership transfer on January 22, 2015.

E. Meanwhile, on April 11, 1974, the network H cultivated fruit trees in G forest. On the other hand, on the part of the instant orchard, which is part of F orchard, sold the F orchard divided from the said forest land to K. However, as the boundary of both divided land at the time is unclear, the network H continued to grow fruit trees in the instant orchard part, which is part of F orchard.

On December 1, 1985, the Defendant donated the instant orchard with the network H on December 1, 1985, and cultivated fruit trees while occupying the instant orchard and the instant orchard.

[Ground of recognition] Facts without dispute, Gap evidence 1, 5 evidence, Eul evidence 2 through 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the Defendant owned the trees planted on the ground of the instant orchard owned by the Plaintiff, and occupied the instant orchard. As such, the Plaintiff demanded the Defendant to collect trees planted in the instant orchard based on ownership and deliver the instant orchard, and further, the Plaintiff acquired the ownership of the instant orchard on January 22, 2015.