1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

1. The court of first instance dismissed both the Plaintiff’s principal claim and the Defendant’s counterclaim, and only the Plaintiff lost the principal claim, i.e., the part concerning the principal claim in the judgment of the first instance.

Therefore, among the judgment of the court of first instance, the part concerning the counterclaim is transferred to the court of first instance but is not subject to adjudication, and only the part concerning the principal lawsuit in the judgment of the court of first instance is subject to adjudication.

2. The grounds for this decision are as follows: (a) the corresponding part of the judgment of the first instance (section 2, No. 11, No. 34) is the same as that of the corresponding part of the judgment of the first instance (section 2, No. 14, No. 15, and No. 15 of the judgment of the first instance, with the exception of adding “the instant prone tree of about 300” (hereinafter “instant prone tree”), and therefore, the reasoning for this decision shall be cited pursuant to the main sentence of Article

3. Determination

A. The Plaintiff asserted as the cause of the Plaintiff’s main claim was an independent object that did not correspond to the instant land, and owned by the Plaintiff, as the Plaintiff planted the instant probial tree on the ground of the instant land under a loan agreement concluded with D and E for use.

The Defendant, around 2013, collected part of the instant single tree planted on the ground of 1,755 square meters on the land located in Yongsan-gu, Yongsan-gu, Busan-gu, Busan-do, Seoul-si, which was divided from the instant land, and sold it to a third party, thereby making the Plaintiff lose its ownership. This constitutes a tort against the Plaintiff. As such, the Defendant is liable to pay the Plaintiff KRW 101,000,000 as compensation for damages, and damages for delay.

B. Article 256 of the Civil Act provides, “The owner of an immovable shall acquire the ownership of the article attached to the real estate. However, the same shall not apply to the article attached by another person’s title.”

Therefore, when planting trees on another person's land, the trees are, in principle, owned by the landowner in accordance with the land.