1. The judgment of the court of first instance is modified as follows.

The defendant shall attach attached Form 541 square meters to the plaintiff at one place of residence.

1. Basic facts

A. The Defendant was the owner of F-owned land at the time of the initial permanent settlement before the subdivision. On March 17, 1995, C-owned land (hereinafter “instant land”) was divided into the said land at the time of permanent settlement on March 17, 1995, and D-owned land at the time of permanent settlement on August 2, 1997 (hereinafter “instant adjacent land”).

B. On March 24, 1995, the Plaintiff purchased the instant land from the Defendant and completed the registration of ownership transfer on March 29, 1995.

C. The Defendant planted trees on the adjoining land of this case owned by the Defendant, and 2 glus were planted on the boundary line of the land of this case and the adjoining land of this case, and some of the glusities and rootss (a part of the roots of 2 glus, which were planted on the boundary line of the land of this case, is deemed to have exceeded the boundary line of the land of this case) out of the said glus.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1 through 4, 6, 8 through 10 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence 2 and 3, and the result of the appraisal conducted by the appraiser E of the first instance court, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the facts as seen earlier, the Defendant, barring any special circumstance, has the duty to remove the branches and roots of the Defendant-owned trees, which exceeded the boundary line of the instant land pursuant to Article 240 of the Civil Act.

In this regard, the Defendant agreed to allow the Plaintiff to accept the instant land even if it goes beyond the boundary of the instant land.