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

In accordance with the conjunctive claim added by this Court, the defendant.

1. Basic facts

A. On June 2016, the Plaintiff: (a) transferred 50 gine trees (hereinafter “instant pine trees”) that were planted in the forest located in Pyeongtaek-gun, Seowon-gun (hereinafter “instant forest”) to an amusement park located in the area owned by the Defendant in the inn city owned by the Defendant (hereinafter “instant amusement park”).

B. Around January 2017, the Plaintiff demanded the Defendant to pay the instant pine trees, but the Defendant rejected it.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) In the first place, the Plaintiff entered into a sales contract with the Defendant to sell the instant pine trees to the Defendant at the market price, and the Defendant shall pay the Plaintiff KRW 239,193,948, which is equivalent to the market price, with the purchase price. 2) In the second place, if the Plaintiff and the Defendant did not enter into a sales contract for the instant pine trees, the Defendant received the instant pine trees from the Plaintiff without any legal grounds.

Therefore, as a return of unjust enrichment, the Defendant shall pay to the Plaintiff the amount equivalent to the market price of the trees with the death after planting the relevant pine trees, and damages for delay thereof, and deliver the remaining pine trees to the Plaintiff.

B. 1) The Plaintiff and the Defendant did not conclude a sales contract for the instant pine trees. Since the instant pine trees are expected to be expropriated for the construction of a road for holding the F, the Plaintiff is also a donation of the instant pine trees to the Defendant. 2) The Plaintiff is not the owner of the instant pine trees, but at least the Plaintiff is the owner of the instant pine trees after the instant woodland was expropriated, and thus, the Plaintiff is the owner of the instant pine trees. Accordingly, the Defendant owned the instant pine trees.