1. The Defendant collected ginseng, which was planted in the area of 4545 square meters prior to C in Chungcheongnam-si, from the Plaintiff, and the Jeonju, Jeonju, and Jeonju.

1. Facts of recognition;

A. On August 7, 2017, the Plaintiff purchased the instant land (hereinafter “instant land”) through a voluntary auction procedure.

B. On April 7, 2016, the Defendant entered into a lease agreement with the E, the president of the D clan (hereinafter “Nonindicted clan”) on the instant land and the instant land with respect to KRW 20,80,000,000 per annum for rent of 721 square meters per annum for the period from April 7, 2016 to April 6, 2022 (hereinafter “instant lease agreement”). From that time, the Defendant occupied and used the said land by installing a sea forest facility, including the Jeonju, the rearju, and the tea for the instant land from that time until the closing date of the argument.

[Reasons for Recognition] A without dispute, Gap evidence 1, Eul evidence 1, Gap evidence 4, each of Gap evidence 4, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, such as the claim for land delivery, etc., the defendant cultivated and occupied and used the ginseng of this case owned by the plaintiff, so long as the defendant does not prove the title of possession of the land of this case, the plaintiff is obligated to collect ginseng planted in the land of this case, remove facilities, and deliver the land of this case. 2) According to the facts acknowledged prior to the occurrence of the claim for return of unjust enrichment, the defendant cultivated and occupies and uses ginseng in the land of this case owned by the plaintiff. Thus, the defendant is obligated to return unjust enrichment equivalent to the rent for the land of this case to the plaintiff, barring special circumstances. 1) The extent of return of unjust enrichment (1) the possessor in good faith acquired the negligence of possession (Article 201(1) of the Civil Act), and the possessor in bad faith shall return the received negligence.

(Article 201(2) of the Civil Act provides that the possessor shall be presumed to have occupied in good faith (Article 197(1) of the Civil Act), and the possessor shall be presumed to have occupied without title and shall be presumed to have been in good faith.