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Reasons
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(영문) 청주지방법원 제천지원 2018.08.23 2017가합10391
제3자이의
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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On July 12, 2012, between the Plaintiff and E, the Ginseng Distribution Sales Contract 1) E, and G, from H on February 10, 2009, the Plaintiff concluded a sales contract with the Plaintiff on July 12, 2012, where the Plaintiff purchased 180 million Won for the three-year ginseng of the ginseng field from E and G, and the Plaintiff would invest KRW 550 million for E and G to invest KRW 150 million for the amount of KRW 150 million.

The Plaintiff paid KRW 300 million to E on the same day, and KRW 150 million to be substituted by the obligation of KRW 200,000,000,000,000,000,000,000,000,000 to the Plaintiff was paid to E. However, E sold ginseng cultivated from the above ginseng field to the Plaintiff, and E did not return to the Plaintiff KRW 550,00,000,000.

B. On April 3, 2014, E entered into a contract for joint ginseng cultivation with the owner, K, etc., the location of the instant ginseng distribution, and cultivated ginseng on the said ground. (ii) On July 15, 2016, the Plaintiff entered into a sale and purchase contract for ginseng distribution (Evidence A7) with the content that the Plaintiff would purchase ginseng in total at KRW 500,000,000,000,000,000,000,000,000 won.

3. The sales contract of the ginseng distribution of this case contains both the seller and the “representative E of theM farming association,” and the “M farming association E” is also indicated in the seller’s column at the bottom, and E affixes the official seal of the representative director of the M farming association in the above contract.

C. From October to November, 2017, the Defendants filed an application for compulsory execution against the ginseng dissemination of this case on the basis of the title of execution as follows. The ginseng distribution of this case was seized by the court enforcement officer around that time.

The document of preparation of the F Office of Defendant B’s notary public’s F Office in 2013.

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