beta
Text
1. The defendant (Counterclaim plaintiff) is in custody of the plaintiff (Counterclaim defendant) at the ground hazardous material storage facility at the time of racing.
Reasons
1. Basic facts
A. On June 2016, 2016, E leased three storage tanks (TK-06, TK-07, TK-08, and T-08, which combines these storage tanks to Non-Party F Co., Ltd. (hereinafter “F”) and leased the storage tanks (hereinafter “instant storage tanks”).
B. From October 2015, the Plaintiff supplied F with a mixture of substance safety and health data listed in the separate sheet (D; hereinafter “instant mixture of substance”). The Plaintiff’s mixed solvents supplied to F was stored in the storage tank leased by F, including the storage tank in this case, and the transaction was made by F in a manner that F sells it to a third party.
C. F created a mortgage on a factory foundation under the Factory and Mining Foundation Mortgage Act on the real estate, machinery, equipment, and structure owned, including the instant storage tank and site (the subject matter is the same as the list stated in Article 6 of the Factory and Mining Foundation Mortgage Act), and on July 21, 2016, the voluntary auction was commenced upon the execution of the said mortgage, and on April 19, 2017, the Defendant purchased and acquired it.
At present, the storage tank of this case is kept 172.5 tons of the mixture of this case.
[Reasons for Recognition] Unsatisfy Facts, Gap evidence Nos. 3, 4, and 5, witness H's partial testimony, the purport of the whole pleadings
2. As to the principal claim
A. The Plaintiff’s assertion 1) The instant mixed solvents kept in the instant storage tank is owned by the Plaintiff. While the Plaintiff sought to recover it, the Defendant refused to do so while disputing the Plaintiff’s ownership, the Defendant is obligated to deliver it to the Plaintiff.
B. Meanwhile, at the time of the Defendant’s acquisition of ownership of the storage tank of this case, the storage tank of this case contains a mixture of 406.14 tons, but it was voluntarily removed by the Defendant.