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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
On July 12, 2017, the Defendant: (a) extracted from the field located in Gancheon-gun, Gancheon-gun, Gancheon-gun, Gancheon-gun on July 12, 2017, the market price of the 4 parts of the victim D, which was planted, by organizing the dynaf trees and grass of the dynaf.
Judgment
1. Article 256 of the Civil Act provides that “The owner of a real estate shall acquire the ownership of an article attached to the real estate.
However, this is not applicable to those attached by another person's source.
“......”
The term "title" under the proviso to the above provision refers to the right to use another person's movable property by adding it thereto, such as superficies, chonsegwon, and leases. Thus, if a person without such title has planted trees on another person's land, barring any special circumstance, the owner of the land cannot claim the ownership of the tree (see, e.g., Supreme Court Decision 2015Da6907, Mar. 15, 2018).
A. Review of the case’s return to the instant case, the following facts can be acknowledged according to the arguments, arguments, and records.
① Since around 1980, E transferred the ownership of 1/2 portion of G land in Gyeongcheon-gun F (hereinafter “F”) from G to H. In around 1980, H transferred the ownership of 1/2 share to H. Around 2001, H completed the registration of transfer of the said share.
② Since around 1949, I, the Defendant’s father, transferred the registration of transfer of ownership to J with respect to land C in around 1949, and J, the sixth degree of Defendant J, around 1994, made a registration of transfer of ownership to the Defendant.
③ G land owned by the D and C land owned by the Defendant are in contact with the G land.
④ There was a recent cadastral reinvestigation on each of the above land sources.
However, the mulberry tree 4 was located on the G land owned by D before the cadastral reexamination, and accordingly, the parts, departments, etc. of D were planted for a long time, and used them.