1. The plaintiff's claims against the defendants are all dismissed.

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

1. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion 1) The father and father E (hereinafter “the deceased”).

) Around 1980, with the approval of the Republic of Korea, land owned by the Republic of Korea (hereinafter referred to as “instant land”) within G (H) located in Chuncheon City (F).

(B) 1,00 Spags and 2,100 Spags and seedlings at the time of spagling (hereinafter collectively referred to as “the instant trees”) are the instant trees.

2) Since the Plaintiff succeeded to the deceased’s property, the instant trees are owned by the Plaintiff.

3) Defendant B destroyed all trees of this case on or around August 201, according to the orders of Defendant C and Defendant D, and according to the orders of Defendant C and Defendant D, Defendant C and Defendant D, respectively. Accordingly, the Plaintiff incurred a total of KRW 1,762,363,80 in the market value of the trees of this case. As such, Defendant B and Defendant C and Defendant D are jointly liable to compensate for the above damages as tort, and Defendant C and Defendant D are jointly liable to compensate for the damages. (B) Determination 1) The ownership of trees planted without title on another’s land belongs to the landowner, and if the ownership is planted by title, the ownership is vested in the landowner.

Article 256 of the Civil Act provides, “The owner of an immovable shall acquire the ownership of an article attached to the immovable. However, the same shall not apply to an article attached by another person’s title” (see, e.g., Supreme Court Decision 80Do1874, Sept. 30, 1980). Under the proviso of the above provision, a title referred to in the above provision refers to the right to use an article attached to another person’s movable property, such as superficies, chonsegwon, lease right

As such, if a person without such title has planted trees on the real estate without obtaining the consent of the land owner, the land owner cannot claim the ownership of the trees unless there are special circumstances.

Supreme Court Decision 88Meu906 delivered on July 11, 1989