1. The plaintiff's claim of this case is dismissed.

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

1. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) around September 2012, the Plaintiff is the land indicated in the separate sheet from C (hereinafter “each of the instant land”).

The plaintiff asserted that he/she obtained the approval of land use for all of the land of this case in the complaint on April 11, 2017, and changed his/her argument that he/she obtained the approval of each land use as stated in the separate sheet Nos. 1, 4, 5, and 6 in the separate sheet. On June 1, 2017, the plaintiff had obtained the approval of each land use as stated in the separate sheet Nos. 4 and 6 in the separate sheet.

A) Around March 2016, the Defendant arbitrarily removed 700 grans, which were planted on each of the instant land without the Plaintiff’s consent, and disposed of 700 grans on each of the instant land with the consent to use the land of D, E, and F (former name G). (2) However, the Defendant, upon obtaining the approval of the housing construction project plan in each of the instant land and its whole zone, performed the apartment construction project with the approval of the housing construction project plan.

3) Since the market price of landscape trees for seven years is equivalent to 100,000 won per one year, the defendant is liable to compensate the plaintiff for damages of 70,000,000 won (i.e., 700gs x 100,000 won). (ii) Determination 1) Where the ownership of trees planted without title on another's land belongs to the landowner, and where the ownership of the trees planted without title is planted by title, the ownership of the trees belongs to the landowner and is planted by title.

Article 265 of the Civil Act (Management, Preservation, etc. of Co-Owned Property) provides that “The specific method for co-owners to use and benefit from the jointly-owned property shall be determined by a majority of co-owners’ share in the jointly-owned property.” Article 265 of the Civil Act provides that “The matters concerning the management of the jointly-owned property shall be determined by a majority of co-owners’ share in the jointly-owned property.”

However, preservation activities can be done individually.

Since it is apparent by the provisions of the main sentence, the co-owners of the land shall be entitled to co-owners, unless otherwise agreed by them.