1. The Defendant collected, from the Plaintiff, Dongbane trees ( approximately KRW 3,000) planted in the area of 6,595 square meters in Jeonnam-gun, Jeonnam-gun.

In the case of voluntary auction at the Gwangju District Court DD branch, Gwangju District Court: (a) paid the sale price on July 4, 2017 in full; and (b) on July 7, 2017, the registration of ownership transfer was completed; (c) the Plaintiff owned the instant land before the Plaintiff acquired ownership; (d) there was no dispute between the parties to the instant land with respect to the management of trees up to now by planting East Bag trees ( approximately KRW 3,000) on the instant land with the permission of E; (c) according to the evidence No. 7, the market price of the instant land around August 29, 2016 at a market price of KRW 349,535,00,00; and (d) the Plaintiff did not raise any specific amount equivalent to the monthly rent of the instant land at a market price of KRW 250,00 per annum (hereinafter referred to as KRW 17,000).

According to the above facts, barring any special circumstance, the Defendant is obligated to collect and deliver the tree planted on the instant land to the Plaintiff, and deliver the instant land to the Plaintiff, and to pay 175,000 won per month from July 4, 2017 when the Plaintiff acquired the ownership of the instant land to the completion date of collection and delivery.

As to this, the defendant asserts to the effect that legal superficies is established on the land of this case and that he shall be protected as a good lessee. However, according to the above facts, at the time when the plaintiff acquired the ownership of the land of this case, the owner of land and the owner of trees are different, so the legal superficies under customary law is not established, and there is no legal ground to recognize the opposing power on the right to lease of the land

Therefore, since all of the claims of this case are reasonable, it is decided as per Disposition by admitting them.