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(영문) 울산지방법원 2019.05.23 2018나23773
소유권이전등기
Text

1. The part concerning the conjunctive claim in the first instance judgment shall be revoked.

2. The Defendants are against the Plaintiff, Ulsan-gu D.

Reasons

1. Basic facts

A. The Defendants completed each registration of ownership transfer based on inheritance on May 21, 1968, the receipt of No. 5975 on May 21, 1968 with respect to one-half shares of the 320 square meters of Ulsan-gu G Land (hereinafter “instant land before the instant subdivision”).

B. On October 22, 1970, the land prior to the instant subdivision was divided into three parcels of Ulsan-gu G (112 square meters), Ulsan-gu G (56 square meters), E (56 square meters) and H (152 square meters (hereinafter referred to as “each case’s land”), and the Defendants, on October 23, 1970, completed the registration of ownership transfer for G and H land among them on September 5, 1970.

Since then, the above two lands are currently subject to the annexation and division with other lands, and the change of administrative districts, etc., G land became the area of J 472 square meters (hereinafter “J land”) in Ulsan-gu, Ulsan-gu, and the area of H land was the area of 5617 square meters in Ulsan-gu, Ulsan-gu (hereinafter “K land”).

C. The land divided from the land prior to the instant subdivision was at least 185 square meters in Ulsan-gu, Ulsan-gu, after the said subdivision, following the change of land category, administrative district change, etc.

(hereinafter “instant land”). On October 23, 1970, the land cadastre of the instant land contains an indication of ownership change that ownership has been transferred to the Plaintiff on October 23, 1970.

(A) No. 2-2) D.

On September 24, 1973, the Plaintiff newly constructed and used a company house used by the Plaintiff’s officers and employees (hereinafter “the company house of this case”) on the neighboring lands including J land and K land, and the land of this case is used as a garden within the above site constructed with fences from around that time.

[Reasons for Recognition] Facts without dispute, entry and video of Gap evidence Nos. 1 through 6, 8 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment on the main claim

A. The gist of the Plaintiff’s assertion lies in the instant company house.

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