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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The land indicated in the attached list 1 through 4 (hereinafter “instant land”) is owned by the Plaintiff. On the ground of the instant land, 120 square meters of a single-story building, a single-story building, and 72 square meters of a single-story building, a single-story building owned by the Plaintiff, and 30 square meters of a single-story building, a single-story building owned by the Plaintiff (hereinafter “instant building” as the combination of the instant buildings) on the two sides of the instant 1 and 4 land, and the instant land is planted by 150 square meters of pine trees owned by the Plaintiff and 41 square meters of sublim trees owned by the Plaintiff on the instant land.
B. Attached 3 List 1, 2, and 3 (hereinafter “instant 5, 6, and 7”) were originally owned by the Plaintiff, but were expropriated on September 13, 2016.
C. On April 10, 2009, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the instant land from April 10, 2009 to April 10, 201, by stipulating that the period from April 10, 2009 to April 10, 201 is 30 peach tree (However, the Defendant planted peach tree instead of peach tree and consented thereto by the Plaintiff). The Defendant occupied the instant 1 to 4 land from the time of the execution of the instant lease agreement until the date of the said expropriation, and occupied the instant 5, 6, and 7 land until the time of the said expropriation.
[Ground of recognition] Facts without dispute, Gap evidence 1-1-4, Gap evidence 2-2, the purport of the whole pleadings
2. The owner of the real estate determined on the claim for confirmation of ownership acquires the ownership of the goods attached to the real estate, but the same does not apply to the attached facilities by another person’s title (Article 256 of the Civil Act). Accordingly, the trees planted on the land by the loan for use of the land, which are owned by the planting person and do not correspond to the land.
(See Supreme Court Decision 2008Da64102, Dec. 11, 2008 (see Supreme Court Decision 2008Da64119, Dec. 11, 2008). Meanwhile, the change of real rights is subject to the change of real rights.