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(영문) 울산지방법원 2014.07.08 2012가단1596
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The registration of ownership transfer has been completed in the name of one with respect to H 50 square meters in Ulsan-gu, Ulsan-gu (hereinafter “instant land”).

B. I died on January 7, 1938, and J succeeded to its property.

J died on May 25, 1950, and thereafter the Defendants succeeded to the property of J in succession.

(The inheritance shares of Defendant K, L, B, C, and M are 1/6 each, Defendant D, E, F, and G are 2/72 each.

On August 21, 1974, the Plaintiff acquired ownership of N or O real estate adjacent to the instant land, Ulsan-gu N or O real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2 1, 2, 3, Gap evidence 4, 6, Eul evidence 1, the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff’s assertion P purchased the instant land from Q around 1960, and constructed a new building on the ground.

From August 21, 1974, the Plaintiff inherited the instant land and its ground buildings from the network P, resided in the instant land and the building adjacent thereto, and the building was reconstructed around June 1990.

Therefore, since the Plaintiff actually occupied the part stated in the purport of the claim among the land in this case from August 21, 1974, which began to use the part of the claim in this case, in peace and public performance for twenty years from August 21, 1974, the acquisition by prescription was completed.

B. The following circumstances are determined based on the evidence as seen earlier, the evidence evidence No. 9-1 to No. 4, the images of this Court’s on-site inspection results, and the overall purport of the pleadings, namely, the Plaintiff’s assertion that the deceased PP purchased the land of this case from the deceased I around January 7, 1938, but I already died on January 7, 1938, the Plaintiff acquired the ownership of Ulsan-gu N and O real estate adjacent to the land of this case only on August 21, 1974, and there was a restaurant with the trade name “R” on the land of this case, including the land of this case, and on the land of this case, the land of this case is a building A.

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