1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

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

Basic Facts

Around August 2008, the name of the defendant was registered as the members in the name of the member and the name of the farmland owner in the table of the prospective member and the status of the farmland ownership managed by the Chungcheong Ginseng Cooperative around August 2008 with respect to approximately KRW 7,221 of the Seongbuk-gun A and D, which the plaintiff planted and managed ginseng.

Around August 1, 2008, the Defendant obtained a loan of KRW 49 million from the said union as security for the ginseng listed in the instant ginseng on August 1, 2008 (hereinafter “instant ginseng”) at the rate of 3% per annum from August 1, 2008 to August 1, 2012, with interest rate of KRW 49 million from the said union.

(hereinafter “instant loan”). Around July 5, 2012, the Defendant sold the instant ginseng to a third party at KRW 140 million.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is the Plaintiff’s ownership, and the Defendant sold the instant ginseng to a third party and infringed on the Plaintiff’s ownership by the means that the name of the Plaintiff’s member of the instant ginseng was the Defendant. As such, the Defendant is liable to compensate the Plaintiff for damages equivalent to KRW 402,80,000 for the value of the instant ginseng.

B. The Plaintiff’s assertion of determination is premised on the fact that the Ginseng Distribution was owned by the Plaintiff.

However, the following circumstances are as follows, which can be acknowledged by comprehensively taking into account the descriptions of Eul evidence Nos. 7, 10, 13, 14, and 16 (including branch numbers; hereinafter the same shall apply), each of the first instance court and each of the results of the fact-finding reply to the Chungcheongnambuk Ginseng Co., Ltd. on May 7, 2012, and each of the results of the fact-finding reply to the Chungcheongbuk Ginseng Co., Ltd. on January 28, 2013: ① the Plaintiff, on March 4, 2010, prepares and submits to the Chungcheong Northern Ginseng Co., Ltd. a letter of payment stating that "a person who manages the ginseng of this case owned by the Defendant, is responsible for all of the above ginseng trade and extraction," and ② Defendant and E secure the obligations of the loans of this case, etc. with the Chungcheong Northbuk Ginseng Ginseng Co., Ltd. on September 28, 2010.