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(영문) 울산지방법원 2018.08.29 2017가단66918
토지인도
Text

1. The defendant

A. (1) Of the 3080 square meters of the forest land in Ulsan-gun, Ulsan-gun, an appraisal map in the attached Form 11, 12, 13, and 11 shall each be marked.

Reasons

D C

1. On April 13, 2017, the Plaintiff filed a claim for removal of buildings and delivery of land.

On May 4, 2012, the Defendant acquired the ownership of the land indicated in the port (hereinafter referred to as the “Plaintiff’s land”); and on May 4, 2012, the Defendant acquired the ownership of the real estate indicated in the attached list (hereinafter referred to as the “Defendant’s building”) located in Ulsan-gun, Ulsan-gun, Ulsan-do, and the real estate (hereinafter referred to as the “real estate”) located in the attached list

[A. 1. 2] The current status of each of the above lands is as described in the right drawing.

[A 9-1] The Defendant’s building installed a part of 6 square meters in the ship (B) which connects each point of the attached Table 11, 12, 13, and 11 in sequence among the Plaintiff’s land (hereinafter “the occupied part of this case”).

[1] If so, the defendant is obligated to remove the defendant's building on the ground of the occupation of this case and deliver the land to the plaintiff, barring special circumstances.

The defendant does not accept the following arguments:

The opposing power of the right to claim ownership transfer registration following the completion of the prescription for possession: In this case, E, the former owner of the Plaintiff’s land (the complete acquisition of ownership due to the division of the jointly owned property on November 18, 2005) filed against the Defendant for removal of buildings and transfer of land against the Defendant, etc., the Defendant asserted “the completion of the prescription for possession acquisition on or before April 2007,” and finally became final and conclusive by a favorable judgment.

Even if the Defendant purchased the Plaintiff’s land from E on March 15, 2012, which was after the expiration of the prescription period, and completed the provisional disposition against disposal on the Plaintiff’s land as of August 10, 2012, and acquired a complete real right after completing the registration of transfer of ownership as of April 13, 2017, the Defendant, which is a creditor, acquired the above, after the completion of the prescription period for possession.

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