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(영문) 울산지방법원 2018.09.13 2018나20460
소유권이전등기
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. Basic facts

A. A. Around 1970, F, the Plaintiff’s lighting division, purchased D large 291 square meters (hereinafter “Plaintiff’s land”) owned by E from Ulsan-gu, Ulsan-gu, Seoul-do, and newly constructed a 1st floor wood-house house in the name of G, the wife on the ground.

However, F did not complete the registration of transfer of ownership on the plaintiff's land, and the above house is also registered as G as the owner in the building ledger, but it is unregistered building which has not been registered as a preservation of ownership.

B. After purchasing the instant land owned by H from around 1973, F additionally built the instant building, which is a first floor housing, in the name of G, on the land adjacent to the Plaintiff’s land among the instant land.

Likewise, F did not complete the registration of ownership transfer concerning the instant land, and the instant building is also registered as G as its owner in the building ledger, but is unregistered buildings that did not have the registration of ownership preservation.

C. On the other hand, G’s dynamic L, with the consent of F around 1973, newly constructed a 1st floor wooden house (hereinafter “Defendant’s housing”) on the ground with the indication of “1” portion on the ground of 190 square meters in the attached cadastral status survey, which is the remaining part of the instant land except for the instant dispute part among the instant land.

However, L, in order to secure a sufficient housing site, including the closing party of the above house, partially 37 square meters of part of the roads and the 337 square meters prior to J (which appears to have been purchased by the owner around that time by the land F) on the north-gu Special Metropolitan City, Ulsan-gu, Seoul Special Metropolitan City, as indicated in the attached drawing, in order to secure a housing site, L, as well as the above housing site, was placed on the boundary around it.

The above house is also unregistered building that has not registered the preservation of ownership.

Among the land of this case, the result of the cadastral status survey between the dispute portion and the remaining part of the land of this case has been installed with cement block fences in order to connect each point of 2 and 3.

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