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1. The defendant shall calculate the amount of KRW 25,650,00 to the plaintiff at the rate of 5% per annum from May 9, 2013 to the date of full payment.
Reasons
1. Facts of recognition;
A. F, on December 9, 201, where the ginseng was cultivated on the Chungcheongbuk-gun C, D, and E’s ground (hereinafter “instant ginseng”), sold the instant ginseng to the Plaintiff at KRW 28,00,000,000.
The Plaintiff paid all the above purchase price on the same day.
B. On January 28, 2013, the Plaintiff installed a sign (No. 3, hereinafter “instant sign”) stating that “the instant ginseng was purchased by the Plaintiff, and is owned by the Plaintiff, and a third party is prohibited from entering the said ginseng,” on the part of the instant ginseng package.
C. Meanwhile, based on the notarial deed No. 108, No. 2010, No. 108, the Cheongju District Court 2012No. 2095 (hereinafter “instant auction”) filed an application with the F’s notary public for the instant ginseng’s auction (hereinafter “instant auction”). On January 17, 2013, G purchased the instant ginseng at the instant auction procedure.
On January 17, 2013, Cheongju District Court enforcement officers attached a notice of sale (hereinafter “instant notice of sale”) to the entry column at the entrance of the ginseng distribution of this case.
The notice of sale of this case contains the content that G purchased the entire seized article on the date of sale of the article seized by the auction of this case, and the attached article did not contain the specific content that it is the ginseng of this case.
E. The Defendant purchased the instant ginseng from G on January 30, 2013, and extracted the instant ginseng around March 20, 2013.
【Ground of recognition】 The fact that there has been no dispute, Gap's Nos. 1, 2, and 3, Eul's No. 1-1, 2, 3, Eul's No. 2 and 6, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion (i.e., the Plaintiff acquired ownership on January 28, 2013 with respect to the instant ginseng.
Dor. The defendant