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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. The Plaintiff, the head of the Plaintiff, as a recommendation of the Plaintiff, leased each land in Yangju-si, Yangju-si, the ginseng field in 2012, D, E (PP 5,250 square meters), ② Yangju-si, F (PP 5,250 square meters), ③ Gyeonggi-gun G (PP 1,570 square meters) in Gyeonggi-gun, and paid 129,100,000 won to the head of the H association (hereinafter “H”), while managing the ginseng field for the purpose of selling the ginseng field to the head of the Gu. On April 2016, the Plaintiff, the Plaintiff, the head of the Plaintiff, had the ownership of the ginseng by managing the ginseng field through the head of the Gu. The Defendant, the head of the Gu, the Plaintiff’s wife, sold the ginseng field to others, claiming compensation for damages of KRW 590,00,000, KRW 700, KRW 200, which violated the Plaintiff’s ownership.
(B) The above leased land was integrated into “the ginseng dry field of this case,” and the ginseng cultivated in the above land was “the ginseng of this case,” and individual leased land was stated as “the ginseng of this case,” respectively.
As to the defendant, the plaintiff lent part of H's loan to the deceased C (hereinafter "the deceased"), and the person who mainly cultivated the ginseng of this case is the defendant, and the defendant sold the ginseng with ownership to the K Association in KRW 71,213,00,00, so that the plaintiff did not infringe on the plaintiff's ownership.
2. Determination
A. The key issue of the instant case is to whom the instant ginseng ownership belongs.
However, if crops cultivated and cultivated another person's land have become an independent object due to maturity and existence as an independent object, the ownership of the relevant crops belongs to the cultivator, regardless of whether or not there exists a legitimate right of cultivation (see Supreme Court Decisions 68Da613,614, Jun. 4, 1968; 79Da784, Aug. 28, 1979). Accordingly, it is necessary to consider whether the Plaintiff, who claimed damages against the Defendant, is the owner of ginseng, cultivated the ginseng of this case.