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Main Issues
Ownership of the trees planted on the land owned by another person;
Summary of Judgment
In general, when trees belong to land owned by another person, they shall be owned by the owner of the land in principle, and only when they are attached by legitimate source of right of lease, etc., they shall be owned by the planting person.
[Reference Provisions]
Article 256 of the Civil Act
Reference Cases
November 30, 1970, 68Da1955 decided Nov. 30, 1970 (Article 256(12) of the Civil Act, Article 256(12)330Ka9294 of the Civil Act)
Plaintiff and appellant
Changwon, Chang Franchiscopa
Defendant, Appellant
Jeonnam-do
The first instance
Gwangju District Court (83Gahap550)
Text
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The original judgment shall be revoked.
The defendant (Appellant) shall enter 1 in the attached list 4 of the plaintiff's 498 Before the 5th anniversary of this 498 river, 2 of the attached list 1 of the above 498 river, 4 of the attached list 1 of the above 498, 45, 47 of the attached list 1 of the above 44 of the attached list 1 of the aforesaid 4 of the 199, 3 of the above 4 of the 197 of the 199 of the 4th 4th 7th 1 of the above 9 of the 4th 4th 4th 17 of the above 4th 9 of the 196th 4th 7th 1 of the above 4th 4th 9 of the above 196th 1 of the 196th 14th 3th 1 of the above 14th 1 of the 196th 1st 12 of the above 13th 1st 3 of the above 4th 1.
All the costs of lawsuit shall be borne by the defendant.
Reasons
The gist of the plaintiff's assertion is that the plaintiff's standing timber stated in the purport of the claim (hereinafter in this case) is nothing more than that of the plaintiff's 1's land owner, and that the non-party 1's land owner is no longer entitled than that of the plaintiff's 1's land owner, and that the non-party 1's land owner is no longer entitled than that of the plaintiff's 1's land owner (this case's 1's 1's 5's 1's 5's 1's 1's 5's 1's 1's 1's 1's 1's 1's 1's 1's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's ''''. The plaintiff's 's 's 's 's 's 's 's 's 's 's 's 's 's 's '''s '''''s ''''s 's ''s '1's 's ''.
Therefore, the claim of this case on the premise that the standing timber is owned by the plaintiff shall be dismissed. Since the judgment of the court of first instance is consistent with this conclusion, the appeal shall be dismissed, and it is so decided as per Disposition by applying Articles 95 and 89 of the Civil Procedure Act to the burden of appeal cost.
Judges Giology (Presiding Judge) Jinology, Jinho-ro