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(영문) 울산지방법원 2013.07.17 2012가단15618
소유권이전등기 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The land of this case was owned by AJ and AK, respectively, 1/2 shares in Ulsan-dong-gu AI large 488 square meters (hereinafter “instant land”). However, in November 1, 1994, the instant land was owned by co-owners listed in the separate sheet 3 for each share.

B. On June 18, 2001, Defendant B filed a lawsuit against 2-17 co-owners of the [Attachment 3] for the claim for ownership transfer registration based on the prescriptive acquisition and transfer agreement (Ulsan District Court 2001Gadan15155) and rendered a favorable judgment around that time, and the above judgment became final and conclusive. Meanwhile, the bankruptcy trustee of the bankrupt Alsan District Court on October 18, 2002 and AO (No. 18) shares (No. 3,366/53,856 shares) in [Attachment 3] shares in [Attachment 3] and AO (No. 19] shares (No. 3,366/53,856 shares).

C. After that, on August 20, 2002, Defendant SA filed a lawsuit against the co-owners listed in the separate sheet No. 3 (the withdrawal of the lawsuit against Defendant C) claiming for the completion of the prescriptive acquisition of 216 square meters out of the instant land, and a favorable judgment was rendered at that time, and the said judgment became final and conclusive around that time. Thereafter, the instant land was divided into Ulsan-gu, Ulsan-gu, Ulsan-gu, 272 square meters (hereinafter “AI land after division”) and the AP large 216 square meters (hereinafter “AP land after division”). D.

On the other hand, with respect to the AI land after division, Defendant B completed the transfer registration for the share of 44,460/53,856 except for the share of NN and AO by the final judgment that he received. The above NN and AO's share (3,366/53,856 shares) were sold due to compulsory auction on March 8, 2004, and the ownership was transferred to Q Q on March 20, 204 due to the sale on April 29, 2004, and the transfer registration for ownership was completed on May 3, 2004, and the land of AI was divided and owned solely by the Plaintiff.

(e)in addition;

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