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1. Defendant C is 64 weeks of pine trees planted on the ground of 7514m2, Do-gun, Jeollabuk-do, Jeollabuk-do.
Reasons
1. Basic facts
A. On November 5, 2007, Defendant B purchased a river of 7514 square meters (hereinafter “instant land”) in the Do-gun, Jeollabuk-do, Jeollabuk-do, Jeollabuk-do, and completed the registration of ownership transfer on November 14, 2007.
B. On June 12, 2008, the Plaintiff leased the land from Defendant B to June 12, 201 in order to transplant pine trees, etc. on the instant land.
(Ex post facto, the period has been extended by June 21, 2015). (C)
However, on January 9, 2014, the procedure for compulsory auction (hereinafter “instant compulsory auction”) was initiated on the instant land by Jeonju District Court E, and on October 8, 2014, Defendant C purchased the said land at a successful bid and completed the registration of ownership transfer on October 15, 2014. At the said auction procedure, the said land was included in the said goods subject to auction and sold together with the said land.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 7 (including each number), the purport of the whole pleadings
2. The plaintiff did not claim ownership of the trees of this case in the above auction procedure because he did not notify the plaintiff of the fact that he had to proceed with the compulsory auction of this case and did not claim ownership of the trees of this case. As a result, the plaintiff suffered losses equivalent to KRW 45.2 million due to the auction of this case's trees together with the land of this case, and the defendant Eul and the Korean Bank suffered unjust enrichment equivalent to the same amount. As such, the defendant Eul and the Korean Bank made unjust enrichment equivalent to the above amount, and the defendant Eul had the obligation to return 10,555,42 won to the plaintiff as the above unjust enrichment amount.
Therefore, by the right to use the land, the tree planted on the land shall be owned by the person who has planted the trees on the land, and it shall not be in conformity with the land.