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(영문) 울산지방법원 2016.02.16 2015가단57354
소유권확인
Text

1. The Defendants are the Plaintiff (Appointed Party) and the Defendants in accordance with their respective co-ownership shares in the attached Form, among the 84m2 of the F.M. F. F. Do.

Reasons

In full view of the facts that there is no dispute between the parties, and comprehensively taking account of the overall purport of the pleadings in each entry in Gap evidence Nos. 1 through 6 (including family numbers), the plaintiff (appointed party) may recognize the fact that the plaintiff (designated party) owns 190.9m2, 136m2, 138.3m2, 138m2, and 138.5m2 in Yangsan-si, Yangsan-si, Yangsan-si, and 138.5m2, 18m2, 84m2, adjacent to the above land is registered as L, and L is dead and the defendants inherited the same as each share in the attached sheet, and the defendants' co-owned land is the only contribution to the land owned by the plaintiff (appointed party) and

According to the above facts of recognition, the Plaintiff (Appointed) and the designated parties have the right to gas pipes under Article 218(1) of the Civil Act with respect to the Defendants’ co-owned land, and the Defendants have the duty to confirm it.

The Defendants asserted that the Plaintiff (Appointed Party) and the designated parties should purchase the Defendants’ co-owned land or pay fair usage fees. However, there is no proof as to the amount of damages to be paid. Thus, the Defendants’ assertion is without merit.

The claims against the Defendants by the Plaintiff (Appointed Party) and the designated parties against the Defendants shall be accepted on the ground of the reasons.

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