1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. Basic facts

A. On March 191, 1991, the Defendant discovered that M had planted 800 night trees (hereinafter “instant night trees”) without permission on the land of 193,295 square meters in the Gu, Jeonnam-gun, Jeonnam-gun (hereinafter “instant land”) owned by the Defendant, and imposed indemnity.

B. After that, the Defendant cut down the said night trees while promoting the rearrangement project of the land planned for afforestation around February 2015.

C. M (hereinafter “the deceased”) died in around 1995.

The plaintiffs are the inheritors of the deceased.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2-2, Eul evidence 1-1, 2-2, 3-4, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Defendant asserted that the Plaintiffs did not notify the Plaintiffs, and instead took approximately KRW 2,000 of the Deceased’s night tree without permission, so the Defendant should compensate the Plaintiffs for the damages suffered by the Plaintiffs.

B. The owner of the judgment real estate acquires the ownership of the article attached to the real estate and is not attached by the title of another person (Article 256 of the Civil Act). Unless there are special circumstances such as where the standing timber planted on the land is planted by the title of another person, the ownership of the standing timber is consistent with the land and is owned by the landowner.

According to the above facts, since the deceased planted the instant night tree without title to the instant land owned by the defendant, the instant night tree is consistent with the land and its ownership is deemed to be the defendant.

The plaintiffs asserted that the deceased planted the instant night tree with the consent of the defendant, or that they concluded a lease agreement with the defendant on the instant land, but it is not sufficient to recognize the above only by the descriptions in subparagraphs 2-2 and 3 of subparagraphs B-2 and there is no other evidence to prove otherwise.

On the other hand, even if the defendant did not go through lawful vicarious execution, the instant night tree.