인삼포소유권확인 등
1. Following a claim that was changed in exchange from the trial before remanding, the defendant shall pay to the plaintiff KRW 140 million, and the defendant shall pay to the plaintiff KRW 140 million.
1. Facts of recognition;
A. The Plaintiff, as a person engaging in the ginseng cultivation business, leased a parcel of land (hereinafter “each of the instant lands”) in the Chungcheong-gun C and D (hereinafter “each of the instant lands”) around 2001, and cultivated ginseng by planting ginseng on each of the instant lands.
B. However, around August 1, 2008, about approximately 70,221 of the Ginseng Distribution in each of the instant lands (hereinafter “the instant ginseng distribution”), the Defendant was registered as the members on the land scheduled for membership and the current status of ownership of cultivated land managed by the Chungcheongnambuk Ginseng Cooperative, and the Defendant was loaned KRW 49,00,000,000 from the Chungcheongnambuk Ginseng Cooperative as collateral for the instant ginseng distribution (hereinafter “the instant ginseng”). around August 1, 2008, the Defendant received a loan from the Chungcheongnambuk Ginseng Cooperative as collateral.
(hereinafter “instant loan”). C.
In around 2007, the Plaintiff cultivated the ginseng of this case by directly bearing all expenses, such as the Plaintiff’s wages, variety of materials costs, including pesticide purchase costs, electricity charges, etc. since the purchase of ginseng on the ginseng ginseng of this case. From around 2009, the Plaintiff paid the tea of each land of this case.
On July 5, 2012, the Defendant sold the ginseng of this case to G in KRW 140 million.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including additional numbers), Eul evidence No. 12, the purport of the whole pleadings
2. Determination:
A. If crops cultivated and cultivated another person's land on which liability for damages has arisen are mature and exist as independent goods, ownership of the relevant crops belongs to the cultivator, regardless of whether it has legitimate right to cultivate (see, e.g., Supreme Court Decision 79Da784, Aug. 28, 1979). Examining the above facts in light of such legal principles, it is reasonable to deem that the instant ginseng is owned by the Plaintiff as the cultivator, barring any special circumstances. The Defendant's selling of the instant ginseng constitutes tort against the Plaintiff.
Therefore, the defendant is against the plaintiff.