1. The Defendant collected trees planted on the land of 1,752 square meters and 1,170 square meters of paddy-si in order to the Plaintiff, and the Defendant collected the trees planted on the ground of 1,170 square meters.

1. Basic facts

A. On February 1, 2012, E: (a) on February 1, 2012, the Defendant: (b) the instant lease period from February 1, 2012 to March 30, 2017; (c) the annual rent of KRW 1400,000; and (d) the lease period was determined to be restored to the original state after the expiration of the period (hereinafter “instant lease agreement”); (c) the Defendant planted trees on the land before subdivision and managed them.

B. On December 31, 2015, E sold the land before subdivision to the Plaintiff and four other parties, and the ownership transfer registration was completed on February 29, 2016 to the Plaintiff and four other parties.

C. The land before subdivision was divided into each land indicated in the order (hereinafter “instant land”) around February 28, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 2-3, Gap evidence 18-1 and 2, the purport of the whole pleadings

2. Judgment as to the main claim

A. As to the Plaintiff’s assertion that the Defendant occupied the instant land without permission, the Defendant asserts that the Plaintiff succeeded to the instant lease agreement.

As to this, the Plaintiff did not succeed to the instant lease agreement, and even if he succeeded, the instant lease agreement was terminated on March 30, 2019, and thus, the Defendant asserts that the Plaintiff is obligated to collect trees planted on the instant land and deliver the instant land.

B. Comprehensively taking account of the overall purport of the pleadings in the statement No. 1 and No. 1 and No. 3, the Defendant paid to the Plaintiff KRW 4.2 million in total as of May 31, 2016, and KRW 1.4 million on March 15, 2018, respectively, for the following reasons: (a) the Plaintiff, etc. did not raise any objection against the payment of rent or the use and profit-making of the land of this case prior to the instant lawsuit; and (b) according to the above facts of recognition, the Plaintiff, etc. under the instant lease agreement.