동산소유권확인
1. Revocation of a judgment of the first instance;
The principal defendant-Counterclaim Co., Ltd. is a movable property listed in attached Table 1.
1. The principal lawsuit and counterclaim shall be deemed to be a same;
The following facts are not disputed between the parties, or may be admitted upon Gap evidence 1, 4, 6, 2-1 through 3, Eul evidence 1 and 2, and witness H's testimony in the first instance court.
On August 8, 201, D Co., Ltd. (hereinafter referred to as “D”) entered into a “F district dredging contract” with Defendant B Co., Ltd. (hereinafter referred to as “Defendant B”) on September 1, 201 and “F district dredging service contract” with the content that D purchases dredging soil from the Si of official land at the Si of official land, and that D entered into a “F district dredging service contract.”
B. On September 5, 2011, Defendant B leased the movable property in attached Form 1 produced by Defendant A (hereinafter referred to as “Defendant A”) from Defendant A Co., Ltd. (hereinafter referred to as “Defendant A”), and carried out the said business [The lease period is from September 201 to March 2013 (18 months), and the rent is KRW 2,388,00 (Additional dues)];
C. After the discontinuance of the above business, Defendant B entered into an agreement on April 23, 2012 with the Plaintiff on the business of dredging land in the F District and the Plaintiff, and thereafter, on May 22, 2012, the Plaintiff entered into a contract on the transfer and acquisition of the instant movable property from Defendant B and the Plaintiff, which purchased all of the instant movable property in G and attached Form 2, installed in E, from Defendant B, to KRW 200 million (excluding additional tax), and thereafter, around that time, the Plaintiff acquired the instant movable property from the Defendant B and occupies it up to the present day.
On June 26, 2013, Defendant A included the purport that “If the instant movable is leased to Defendant A, and Defendant A wishes to reuse the instant movable as the term of lease expires, Defendant A would have to enter into a lease agreement again.” The instant movable is owned by Defendant A as a leased object, and thus, it cannot be sold, transferred, or taken over.”