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(영문) 울산지방법원 2018.02.27 2017가단67171
소유권이전등기
Text

1. The defendant

A. The attached appraisal map No. 1,2,3,4,5, and 1 shall be in turn indicated on the attached sheet No. 1,2, 3,4,5, among the land of 1,329 square meters in Ulsan-gun B road.

Reasons

1. Basic facts

A. On March 2, 1995, E purchased a 245 square meter (263 square meters in combination; hereinafter “instant land”) from Ulsan-gun, Ulsan-gun, Ulsan-do, and constructed a multi-family housing on the ground after completing the registration of ownership transfer, and completed the registration of ownership transfer under its name on December 30, 1996. At the time, E installed a fence around the instant building and displayed the boundary.

B. On June 19, 199, the Plaintiff purchased the instant land and the instant building from E, and completed the registration procedure for transfer of ownership in each of its names, and resided until the completion date of the instant case.

C. The Defendant completed the registration procedure for preservation of ownership on June 10, 1994 in the name of Ulsan-gun B road 1,329 square meters, C road 1,269 square meters, and D road 73 square meters (hereinafter the above three lots are referred to as “each of the roads of this case”).

Among each of the roads of this case, the part concerning B, E, and g (hereinafter referred to as “land in dispute of this case”) is located inside the fence installed around the building of this case, and they are possessed by the Plaintiff following E.

[Reasons for Recognition] A.1-8 Evidence (including a paper number) or images without dispute; the result of this court’s commission of surveying and appraisal to the Ulsan branch office of the Ulsan National Land Information Corporation; the purport of the whole pleadings

2. Determination

A. According to the reasoning of the judgment on the cause of the claim, the Plaintiff, who succeeded to the possession of E, shall be deemed to have completed the prescriptive acquisition by occupying the land in question in peace and openly with the intent to own the land in question for at least 20 years from December 30, 1996. Therefore, barring any special circumstance, the Defendant is obliged to implement the procedure for the registration of transfer of ownership on the land in question on December 30, 2016, for the completion of the prescriptive acquisition on the ground of the completion of the prescriptive acquisition on December 30, 2016.

B. The defendant's judgment on the defendant's assertion is about this.

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