동산소유권확인
1. Revocation of a judgment of the first instance;
2. The part of the claim for confirmation of ownership regarding “” among the movables listed in the separate sheet.
1. Summary of the parties' arguments;
A. On December 13, 2007, the Plaintiff entered into a lease agreement with the Defendant on the factory B located in Ansan-si and its site.
On April 2014, the defendant left the leased object and removed the movable property indicated in the attached list, which is the owner of the plaintiff, from the leased object.
Therefore, the Plaintiff seeks confirmation against the Defendant that the Plaintiff has ownership of movable property listed in the separate sheet.
B. Summary 1 of the Defendant’s assertion 1) Of the movables listed in the separate sheet, “” (hereinafter “second voltages”).
(2) Since there is no dispute over the facts owned by the Plaintiff, this part of the lawsuit is unlawful as there is no benefit of confirmation. (2) The ownership of the remaining movable property excluding two transformers among movable property listed in the separate sheet is the Defendant.
2. Of movable property listed in the separate sheet, there should be a benefit of confirmation as a requirement for the protection of rights in a lawsuit for the confirmation of ownership over two parts of the claim for the confirmation of ownership among movable property listed in the separate sheet. As seen earlier, insofar as the Defendant does not dispute the facts that the Plaintiff owns, this part of the lawsuit is unlawful as there is no benefit of confirmation.
3. Of the movable properties listed in the separate sheet, it is not sufficient to recognize the Plaintiff’s ownership of the remaining movable property except for two transformers as to the claim for the remaining movable property, as indicated in the separate sheet, only the descriptions of evidence Nos. 1, 5, 6, and 10, and there is no other evidence to prove otherwise.
Rather, the following circumstances, which are: (a) the Plaintiff and the Defendant concluded a lease agreement on the factory and its site located in Ansan-si; (b) the Plaintiff and the Defendant are extended under mutual agreement between 350kw of power while entering into a lease agreement on the factory and its site located in Ansan-si; (c) the Plaintiff bears the purchase of the Han electric deposit and the current voltage; and (d) the Defendant bears the burden of the power (power) construction.