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(영문) 울산지방법원 2018.10.10 2018나20736
건물철거 및 토지인도 등 청구의 소
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant (Counterclaim Plaintiff) by aggregating the principal lawsuit and the counterclaim.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 25, 2017, the Plaintiff purchased a factory site of 2,338 square meters (hereinafter “C land”) from two corporations (former trade name: two corporations; hereinafter “Bulul”) in Ulsan-gu, Ulsan-gu, Seoul (hereinafter “C land”) and completed the registration of ownership transfer on March 7, 2017.

B. Meanwhile, the Defendant is the owner of a plot of land and a factory building on one’s own, located in Ulsan-gu, Ulsan-gu, Seoul-do, and six lots of land and its ground.

C. The Defendant is the owner of a building on the ground of 32 square meters on board (hereinafter “instant warehouse building”) connected in sequence of each point indicated in the attached Table 2, 3, 4, 5, 6, and 2 among land C, and is also occupying and using a part of 56 square meters on board (hereinafter “instant land”) connected in sequence of each point in the attached Table 1, 2, 3, 4, 5, 6, and 1 among land C.

The instant land was originally 56 square meters of land for F-gu, Ulsan-gu, and H was the owner of the G company’s business start-up, the Defendant’s telegraph.

H completed the registration of ownership transfer of the instant land on November 4, 1985 by reason of sale to I on November 4, 1985.

After that, two parcels, including the instant land, were combined with the land in Ulsan-gu C factory site in 2,065 square meters on April 16, 1986, Ulsan-gu, Ulsan-gu and C land became C land.

E. I died while constructing a factory building on the land of C and operating a JHA.

In around 1989, K acquired the above J Industrial Complex and changed its trade name to L Co., Ltd. (hereinafter “L”), and around that time C was invested in kind in L.

F. Ulsan purchased C land from L on October 31, 1994, and completed the registration of ownership transfer in its name on November 4, 1994.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 9, Eul evidence 1 through 8 (including branch numbers; hereinafter the same shall apply) and images, and the purport of the whole pleadings

2. Determination on the main claim

A. According to the above findings of the determination as to the cause of the claim C.

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