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(영문) 울산지방법원 2017.11.30 2016가단20274
소유권이전등기절차이행
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094) on March 28, 1980, the land prior to the instant subdivision was owned by the network D. The registration of ownership transfer was completed on the ground of sale as of April 5, 1971, in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094).

B. On January 14, 2013, the instant land prior to the instant subdivision was divided into 3,461 square meters in Ulsan-gun, Ulsan-gun (hereinafter “instant land after the instant subdivision”), E 30 square meters in size and F 241 square meters in size (hereinafter “instant F land”).

C. Thereafter, the instant F land was expropriated in Ulsan-gun.

The Defendant received KRW 20,00,000 from Ulsan-gun as the compensation for land expropriation, and on August 2, 2016, the ownership transfer registration for the instant F land was completed on July 18, 2016.

[Ground of recognition] A without dispute, entry of Gap evidence Nos. 3 through 5, 7, 8, and 10, and the fact inquiry results of the Ulsan District of this Court on May 18, 2017, the purport of the whole pleadings as a whole.

2. The assertion and judgment

A. On November 17, 1974, the Plaintiff’s father G purchased KRW 5,500, the part (B) in the ship (hereinafter “instant part”) and the part (B) 233 square meters connected each point in sequence with the land of this case, which is a site which is an inappropriate site among the land before the instant partition, from the network D, and the land of this case, and the land of this case, which is located within the scope of 19,20,21, 26, 27, and 19, in sequence. In addition, the Plaintiff’s father G purchased the land of this case and the land of this case, which is located within the scope of 5,500 won.

On April 25, 1990, G was killed and killed by planting bamboo in the instant site, and died on April 25, 1990. According to the agreement on division of inherited property, the Plaintiff succeeded to the right of G on the instant unclaimed site and occupied the instant unclaimed site following the net G.

As a result, the Plaintiff, as to the land prior to the division of this case, has carried out peace and performance with its own intention for a period of more than 20 years from March 28, 1980, when the ownership transfer registration under the name of the Defendant was completed.

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