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(영문) 부산지방법원동부지원 2015.07.17 2014가단19686
소유권확인
Text

1. He/she shall confirm that the wells of groundwater located in the area of 3,306 square meters in Busan-gun C-gun, Busan-gun, are owned by the plaintiff;

2...

Reasons

1. The parties' assertion

A. The instant land indicated in Paragraph 1 of the Plaintiff’s Disposition is owned by the Plaintiff. Since the instant land stated in Paragraph 1 of the Disposition is consistent with the instant land, the instant land is owned by the Plaintiff according to the main sentence of Article 256 of the Civil Act.

B. In order for Defendant D to use the instant land as an orchard for farming purposes, the purpose of this case was to install the pipe of the instant land, and on September 6, 1993, a report on the development and use of groundwater was filed with the captain head of the Gun pursuant to Article 8 of the Groundwater Act. On June 18, 2001, the instant land was excluded from the subject of sale and purchase of the pipe of this case while selling the instant land to E on June 18, 201, and only the Plaintiff purchased the instant land from E on August 31, 201.

The Defendant purchased the instant pipelines from D on August 30, 207, and changed the name of the right to develop and utilize groundwater using the instant pipelines to the captain-gun in accordance with the Groundwater Act to D, and continued to use the instant pipelines by supplying groundwater generated from the pipes of this case to the orchard, etc. The Defendant was also liable for the electric charges for the use of the pipes of this case. Thus, the instant pipelines are owned by the Defendant.

2. Facts of recognition;

A. D on September 6, 1993, pursuant to Article 8 of the Groundwater Act, D had the captain head of the Gun to report the development and use of groundwater as “the location: F-gun in Busan, F-gun, 7,234 square meters, D: F-gun in Busan, and the owner: F-gun in Busan, 7,234 square meters, and installed the pipe of this case as indicated in Paragraph (1) of the Disposition for the Development and Use of Groundwater on the 7,234 square meters of groundwater. 2) The pipe of this case is 250 meters in diameter, 150 meters in diameter, and covers it with concrete walls and iron cover around the area. There is no indication as to the owner of the house of this case.

B. The Plaintiff’s land purchase 1D sold to E on June 15, 2001 the land of this case, which is the part of the pipe of this case among the above land. On June 16, 2001, the land of this case, among the above land, was partitioned into 3,306 square meters in Busan-gun C-gun, Busan-gun, and it was partitioned into 3,306 square meters in lots to E on June 18, 201.

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