유체동산인도
1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
Pursuant to Article 4 of the Act on Fostering and Supporting Agricultural and Fisheries Enterprises (hereinafter “Agricultural and Fisheries Business Entities Act”), the network D (hereinafter “the network”) registered the information of the agricultural business entity in the name of “F” operated by the Deceased with respect to the Director of the National Agricultural Products Quality Management Service pursuant to Article 4 of the Agricultural and Fisheries Business Entities Act.
The plaintiff is a person who works together with the deceased in an agricultural business entity operated by the deceased as a vehicle of the deceased.
On March 16, 2011, the Plaintiff applied for subsidies to purchase the instant machinery in its name against Gunsan-si. On March 16, 2011, Gunsan-si decided to grant subsidies of KRW 100,000,000 to the Plaintiff for the purchase of the instant machinery.
As above, the Plaintiff and the Deceased paid the purchase price of the instant machine by adding the subsidy of KRW 100,00,000 to KRW 29,381,240,00 of the deceased’s property, and the Plaintiff and the Deceased used the instant machine purchased as above for mushroom cultivation for the said “F”.
Meanwhile, according to the information registered by the deceased pursuant to Article 4 of the Agricultural and Fisheries Business Entities Act, the owner of the above “F” was the deceased, and the owner of the deceased’s business was changed to Defendant B, who was the deceased’s wife, and G as the son outside of the management state was registered.
The plaintiff has not been registered as a farmer other than the above registered information owner or the management owner.
As the deceased died, the Defendant C and the deceased’s wife, who were the wife of the deceased, occupy the instant machine while the Defendant B would operate the F operated by the Deceased.
[Ground of recognition] A without dispute, Gap evidence Nos. 2, Eul evidence Nos. 4-1 and 2-2, and fact-finding conducted on January 12, 2017 at the Gunsan City of this Court, the plaintiff is a subsidy representing most of the purchase price of the machinery of this case.