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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On August 27, 1999, the Plaintiff asserted that the Plaintiff acquired ownership of 1,338 square meters (hereinafter “instant land”).
The Defendant planted approximately 250 weeks on the ground of the instant land on condition that the Plaintiff deliver the instant land to the Plaintiff at any time, and approximately 50 knife trees (hereinafter “instant trees”).
Since the Plaintiff demanded the Defendant to transfer the instant land, the Defendant is obligated to collect the instant trees from the Plaintiff, deliver the instant land, and pay unjust enrichment calculated by the ratio of KRW 900,000 per month from the day following the day of delivery of a copy of the instant complaint to the day of delivery of the instant land.
2. The Defendant planted the instant trees on the ground of the instant land.
No evidence exists to prove that the Plaintiff is the owner of the instant trees, and that the Defendant currently occupies and uses the instant land, the Plaintiff’s assertion is rejected without further review.
3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.