액체화물 이송배관 소유권확인청구의 소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the judgment in this part of the judgment of the court is as follows: ① “Co. E” of the second and third parts of the judgment of the court of the first instance shall be deemed to be “E Co., Ltd.”; ② “N 11” of the third part shall be deemed to be “N 15-17”; ③ 4 pages 15-17 shall be deemed to be “2”; and the Defendant, around June 20, 2016, issued an application for approval for the permission of use of harbor facilities and the transfer of obligation to transfer port facilities with the purport that the Defendant acquired the right to use the G 15-17 port facilities from the head of Pyeongtaek-si regional maritime affairs and fisheries office; ④ “Defendant” of the fifth five parallels shall be deemed to be “Plaintiff”; and “30,403,000,000 won” of the same parallel shall be deemed to be “N 35,521,500,000,” and each part of the judgment of the court of first instance shall be cited each of the Plaintiff’s land.
Since the Plaintiff acquired the ownership of each of the instant land and each of the instant storage tanks during the instant auction procedure, the Plaintiff acquired the ownership of each of the instant land and each of the instant storage tanks. As such, the Plaintiff acquired the ownership of each of the instant pipelines within the instant land.
Since the Defendant asserts that each of the pipes of this case belongs to the Defendant, the Plaintiff asserts that the Plaintiff is the Plaintiff with the ownership of pipelines in each of the lands of this case.
3. Determination
A. In order for a movable to be recognized as being consistent with the relevant legal principles to the extent that the movable is attached and combined to the extent that it can not be separated without causing damage to the movable or excessive expenses, and whether the existing real estate can be an object of separate ownership in transaction with economic utility independent from the existing real estate in its physical structure, use and function. The proviso to Article 256 of the Civil Act, which provides for an exception to ownership ownership in respect of the attached property, shall be determined.