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(영문) 울산지방법원 2018.10.11 2017가합24164
소유권확인
Text

1. The defendant confirms that each movable in the separate sheet is owned by the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. On March 21, 2014, the Plaintiff: (a) donated each of the movables listed in the separate sheet (hereinafter “each of the instant movables”) on the instant land from E’s mother F, who was the owner of the 689mm2 (hereinafter “instant land”) in Ansan-gu, Ulsan-gu; and (b) transferred each of the said movables to C around that time.

B. On August 5, 2016, the Plaintiff filed an application for the designation of cultural properties of each of the instant movable property with the Ulsan Metropolitan City Mayor, and filed a criminal charge on the ground that “the alteration of the current state by acquiring each of the instant movable property, which is a buried cultural

(hereinafter referred to as “related criminal case”). (c)

On May 30, 2017, the Plaintiff was issued a disposition of suspension of indictment on suspected violation of the Act on the Protection and Inspection of Buried Cultural Heritage (hereinafter “Act on the Protection and Inspection of Buried Cultural Heritage”) that “The instant movable was aware that it was a cultural property, the phenomenon of which in the area of buried cultural heritage was changed, and was transferred to Ulsan C with the acquisition of each of the said movable property from F.”

On June 2017, the Plaintiff filed a claim for the return of seized articles relating to each of the instant movable property. On June 20, 2017, the Ulsan District Prosecutors’ Office re-written the instant case and rendered a disposition against the Plaintiff on the ground that “it is difficult to deem the Plaintiff to have known that the instant land was an area of buried cultural property,” and returned each of the instant movable property to the Plaintiff.

E. On August 24, 2017, the Ulsan Metropolitan City Mayor sent a reply to the effect that “The above movables constitute State-owned property pursuant to Article 20 of the Burial Cultural Heritage Protection Act and Articles 252 and 255 of the Civil Act with respect to the Plaintiff’s application for the designation of cultural heritage regarding each of the instant movables, etc. as to the Plaintiff’s application for the designation of cultural heritage, etc. on each of the instant movables, each of the said movables constitutes State-owned property.

【In the absence of dispute, Gap 1, 3, 4, 5, 8 (including family numbers; hereinafter the same shall apply) and Eul 1.

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