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(영문) 울산지방법원 2020.09.16 2019가단431

부당이득금반환 등

Text

1. Defendant D’s each point is indicated in the attached Form 3, 17, 16, and 3 among the land listed in the attached Table 1 of the Plaintiff.

Reasons

1. Basic facts

A. On January 10, 1962, the Plaintiff was a non-corporate body, “F” and was established on February 4, 1998 pursuant to the Confucian School Property Act.

B. On May 15, 1912, the land indicated in the attached list No. 1 (hereinafter “instant land”) was under the circumstance of F on May 15, 1912, and was divided on June 30, 194 from the “Yansan-gu H” in which the name was changed to G, a foundation (hereinafter “instant foundation”) on June 10, 1949, and the land category was changed to “road” from the “Yansan-gu H, Ulsan-gu.” The land category was changed to “road.” From that time, the land listed in the attached list No. 2 and (3) as well as the access road and passage to the building, such as land and I and J

Of the land in this case, the part (A) of the attached Form Nos. 11, 12, 13, 14, 15, 2, 3, 16, 17, 4, 5, 6, 7, 8, and 11 of the attached Form Nos. 11, 12, 13, 14, 15, 2, 3, 16, 17, 4, 5, 6, 7, 8, and 11 of the land in this case is currently a concrete package.

C. The Plaintiff filed a lawsuit against the incorporated foundation of this case and the Republic of Korea for confirmation of ownership and registration of transfer of ownership with respect to the land of this case, which is unregistered land by the Ulsan District Court 2007da1875, and completed the registration of ownership transfer under the name of the incorporated foundation of this case on June 5, 2007, after completing registration of ownership preservation under the name of the incorporated foundation of this case on June 1, 2006.

On the other hand, attached Table 2-A, adjacent to the land of this case.

On December 1, 1963, the land indicated in paragraph (1) (hereinafter “instant land”) was transferred from the Foundation to K under the name of K, and thereafter the ownership was transferred in sequence in L, M, and N. Around June 13, 1987, N was subject to attached Table 2-B on the ground of the instant land.

The building stated in the subsection (hereinafter “instant 2 building”) was newly constructed.

The building of this case No. 2 is not more than 39 square meters in the ship (B) which connects each point of which is indicated in the annexed drawing No. 1, 9, 10, 2, 15, 14, 13, 12, 11, and 1 among the land of this case at the time of new construction.

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