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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination on the cause of the claim
A. 1 The parties’ assertion 1) The Plaintiff’s three-way environment (hereinafter “three-way environment”) is the third-party environment.
(A) the ownership of recycled aggregate of this case owned by A (hereinafter referred to as “A”)
(B) Co., Ltd. (hereinafter “B”).
(2) On January 12, 2016, the Plaintiff acquired the ownership of recycled aggregate of this case by purchasing recycled aggregate of this case from C on January 12, 2016, and the Defendant occupied the recycled aggregate of this case. As such, the Defendant is obligated to return the recycled aggregate of this case to the Plaintiff. 2) The Plaintiff is not the owner of recycled aggregate of this case.
B. Determination 1) The fact that the Defendant occupied the circular aggregate of this case is without dispute between the parties, and the following facts are acknowledged in full view of the purport of Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 3 (including the numbers of branch offices), and the entire pleadings. ① The hydroelectric environment entered into a contract with Gap (representativeD) to supply or transfer the recycled aggregate of 5,000,000 square meters to Gap. ② The Korea Land Trust Co., Ltd. filed a lawsuit against the Samne Environment on August 21, 2007, Incheon District Court 2007Gahap1121 against the Seo-gu Incheon District Court for the removal or removal of the recycled aggregate of 30,00 square meters, including each land listed in the separate list, and the above court completed the pleading on May 15, 2009, and the Association of Construction Wastes No. 1650, Jun. 16, 2009.
A construction waste interim disposal business license is transferred to the Seo-gu Incheon Metropolitan Government, and the rights and obligations of all the quantities accumulated within 10,000 square meters of the F rent of Seo-gu is transferred, and the subject of a special case is located in each land listed in the attached Table G.