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(영문) 서울고등법원 2016.01.22 2015나19348 (1)
부당이득금
Text

1. Of the judgment of the court of first instance, the defendant Samcheon Agricultural Partnership among the judgment of the court of first instance, including any claim that was selectively added at the trial.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants’ ginseng planting 1) on October 13, 201, the Plaintiff entered into a lease agreement between the Plaintiff and the Defendant Samcheon Agricultural Partnership, and the Plaintiff’s ginseng planting 1) on October 13, 201.

32,291 square meters and D orchard 466 square meters (hereinafter “instant orchard”) owned by the Plaintiff to the Plaintiff, Echeon-si, the Plaintiff owned.

A) A two-year lease agreement provides that “The land lease term shall be up to the end of the year in which ginseng is mined: Provided, That it may be contacted under mutual agreement.” However, there is no dispute between the parties that the initial lease term is two years. The lease term is set up and leased (hereinafter “instant lease agreement”).

(2) On February 2012, Defendant B: (a) obtained consent to the use of the instant orchard from the Defendant corporation; (b) carried out compost operations for the food of ginseng; and (c) around March 19, 2013, Defendant B planted ginseng in 1/2 of the instant orchard and installed ginseng cultivation facilities.

In general, ginseng seeds shall be cultivated in such a way as to transplant ginseng, which has been born in the cemetery for one year, from March to April in the first quarter after the seed was sold to the cemetery.

In this case, ginseng seems to have been transplanted according to the same method.

(3) Defendant B suspended ginseng planting on the Plaintiff’s port route on April 2013, 2013, and transferred a ginseng and ginseng cultivation facility up to that time to the Defendant corporation on the condition that the Defendant corporation transferred the ginseng and ginseng cultivation field outside 1/2 of the instant orchard to a large land. (4) Thereafter, the Defendant corporation planted ginseng in 1/2 of the remainder of the instant orchard and installed ginseng cultivation facilities.

B. On March 29, 2013, the Plaintiff established the previous lawsuit and mediation, and the Defendant Corporation subleted the instant orchard to Defendant B without permission.

Claim : The Defendants’ purport is to the Plaintiff.

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