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(영문) 창원지방법원통영지원 2016.08.25 2016가합222
소유권확인
Text

1. It is confirmed that each gas pipeline listed in the separate sheet No. 1 is owned by the plaintiff;

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures vessel equipment, and the Defendant is a company that manufactures and supplies liquefied petroleum gas, urban gas, high-pressure gas, etc.

B. On March 1, 2006, the Plaintiff concluded a contract for the supply of products and the lease of equipment (hereinafter “instant supply contract”) with the Defendant and the Defendant to be supplied with gas from the Defendant.

In the above supply contract, the Plaintiff supplied and used the Defendant’s gas at the same time with the lease of equipment owned by the Defendant (Article 2), and the term of the contract was determined from March 1, 2006 to February 28, 2016.

§ 14(c).

After the conclusion of the above contract, the Defendant supplied gas to the Plaintiff using the gas pipeline installed by Nonparty A, and the Plaintiff requested the Defendant to install new gas pipeline around December 2007. The Defendant completed the installation of each gas pipeline listed in the separate sheet No. 1 (hereinafter “each gas pipeline of this case”) around May 30, 2008.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the Defendant: (a) supplied gas from the Defendant for ten (10) years; and (b) donated each of the instant gas pipelines to the Plaintiff free of charge; and (c) the Plaintiff acquired ownership of each of the instant gas pipelines on February 28, 2016, the expiration of ten (10) years from the contract term of the instant supply contract; and (d) there is a benefit to confirm the Plaintiff

B. The Defendant’s assertion that “if gas is maintained for a period of 10 years, gas pipelines will be donated free of charge” in installing each of the instant gas pipelines is to be donated free of charge for ten years from the time of installing each of the instant gas pipelines. As of the end of the instant supply contract, and ten years from May 30, 2008 where gas pipelines were installed.

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