1. The Seoul Central District Court's claim for payment of deposit money in relation to the deposit case No. 4764 of 2011 is against the Plaintiffs.

Article 256 of the Civil Act provides, “The owner of a real estate shall acquire the ownership of an article attached to the real estate. However, the same shall not apply to the case attached by another person’s source of authority.” The term “right holder” under the proviso of the above provision refers to the right to use the real estate by attaching it to another person’s real estate, such as superficies, chonsegwon, lease of a deposit on a deposit basis, lease of a deposit basis, etc. Therefore, barring any special circumstance, the owner of the land may not claim the ownership of the tree, unless he/she

(Supreme Court Decision 88Meu9067 Decided July 11, 1989). The Plaintiffs are one-half of each of the 39С in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government (hereinafter “instant land”). When the said land was incorporated into the Dwork section executed by the Defendant, the Defendant paid the Plaintiffs the compensation for the said land, but the Defendant could not be aware of the owner of the trees planted on the said land. Accordingly, the Plaintiffs deposited KRW 613,30,000 as the court of this Court for the purpose of this Court’s 2011 Gold-gu 4764.

In light of the circumstances such as the absence of a person claiming to have planted trees on the land of this case with legitimate title until now, it is reasonable to deem that the Plaintiffs, the owners of this case, acquired the ownership of trees planted on the ground.

Therefore, the plaintiffs' claims are accepted on the grounds of the reasons.