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(영문) 울산지방법원 2018.09.11 2017가단53288

유체동산인도

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who cultivated mountain ginseng in the land owned by the Plaintiff, such as Ulsan-gun C, etc., and the Defendant is a professor of D University and the president of Ulsan-si in 2014, who was in charge of appraisal related to the compensation for mountain ginseng planted on the said land (hereinafter “instant appraisal”) with respect to the expropriation of the said land owned by the Plaintiff from Ulsan-si, Ulsan-gu, Seoul-do in 2014.

B. Around May 2015, the Defendant collected the mountain ginseng of 222 ppuri in total from Plaintiff Pungyang Ginseng field to 15 years, as indicated below, for the instant appraisal. Based on the results, the Defendant conducted various appraisals, such as pesticide inspection, genetic testing, etc., and calculated compensation for the relevant mountain ginseng as indicated in the corresponding column.

Serial 292,500 72,500 75,000 2,250 25 years old up to 25 years old up to 38 years old up to 2945,00 1,305,000 1,305,000 460,640,000 2,640 2,640,000 up to 241 years old up to 241 years old up to 2413 years old up to 24150,000 3,600 3,600,000, 6200, 200,000, 200, 300,000, 300,000, 22214, 207, 206-14, 207, and 581, 200

2. Assertion and determination

A. 1) The Plaintiff asserted as the cause of the instant claim. The Defendant collected 222 ppuri samples from the Plaintiff for the instant appraisal, and then returned them to the Plaintiff upon the completion of the appraisal. The Defendant used both alcoholic beverages after the appraisal procedure and used them as materials, etc., and the Defendant is now unable to return the amount claimed in the claim amounting to the appraisal price. The Defendant asserts that the Plaintiff is obligated to return the amount claimed in the claim amount to the Plaintiff. 2) The Defendant conducted an appraisal procedure while performing all kinds of tests, such as pesticide residues and gene tests after receiving the protegic samples, and the appraisal procedure was conducted after the completion of the appraisal process. On the other hand, the value of the protegic ginseng’s product is extinguished as the samples are inevitably modified and lost, and the Defendant is so equal.