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(영문) 부산고등법원 (창원) 2017.02.06 2016나23888
소유권확인
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. On March 1, 2006, the Plaintiff entered into a contract for the supply of products and the lease of equipment (hereinafter “instant supply contract”) with the Defendant and the Defendant to receive 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.

(Article 14) After the conclusion of the above contract, the defendant supplied gas to the plaintiff using the existing gas pipeline installed by A.

However, around December 2007, the Plaintiff requested the Defendant to install a new gas pipeline, and the Defendant completed the installation of the gas pipeline listed in the separate sheet No. 1 (hereinafter “instant gas pipeline”) around May 30, 2008.

[Reasons for Recognition] No dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Request for confirmation of ownership;

A. The Plaintiff asserted that the Defendant supplied gas to the Plaintiff for a ten-year period, and agreed to donate the instant gas pipeline to the Plaintiff. Since the ten-year period of the instant supply contract expires on February 28, 2016, the Plaintiff asserted that the Defendant has a benefit to confirm that the Plaintiff, even though acquiring the ownership of the instant gas pipeline, is disputing the Plaintiff’s claim.

As to this, the Defendant agreed to donate the instant gas pipelines to the Plaintiff free of charge on the condition that the Plaintiff is supplied with gas for ten years from the date of the instant supply contract, not later than ten years, and ten years from the date of the installation of the instant gas pipelines, and that the gas pipelines were installed on May 30, 2008. Thus, the Plaintiff’s supply of gas to the Defendant by May 30, 2018, which was ten years thereafter.

B. In fact, the defendant, on May 13, 2005, as the title "cases concerning the implementation of business consultation" to the plaintiff in relation to the construction of a gas tank for the plaintiff's subsidiaries, "gas pipelines" are existing pipelines.

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