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(영문) 울산지방법원 2015.10.08 2015나20599
사용료
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The registration of ownership transfer was made on July 2, 1932 in Ulsan-gu, Ulsan-gu, Seoul-do, 1907 square meters (hereinafter “the instant land”). D, after D died on December 23, 1939, on August 15, 1940, the registration of ownership transfer was completed on the ground of inheritance in the E (F's name) who is the head of the E (F's name). On August 31, 1981, the registration of ownership transfer was completed on August 31, 197 pursuant to the former Act on Special Measures for the Registration of Ownership of Real Estate (Act No. 3094, Dec. 31, 197; hereinafter "Special Measures Act") on January 8, 1970. The registration of ownership transfer was completed on July 19, 197. The administrative property was transferred on July 19, 197.

B. However, G, the inheritor of E (F), filed a lawsuit with the Ulsan District Court seeking the cancellation of ownership transfer registration in each name against the head of Ulsan Metropolitan City, Ulsan Metropolitan City, the Ulsan District Court (Supreme Court Decision 2000Da5021, Nov. 29, 2000). The above judgment was finalized on December 6, 200.

On April 12, 2001, each of the above registrations of ownership was cancelled, and E (F) and G were completed on the same day.

C. After selling the instant land to H on May 15, 2003, G completed the registration of ownership transfer on May 16, 2003, H completed the registration of ownership transfer on July 9, 2003, and H completed the registration of ownership transfer at the ratio of 1/4, 1/4, 2/4 of July 10, 2003, each of the sale of the instant land to Plaintiff A, I, and J on July 9, 2003, and I completed the registration of ownership transfer on November 10, 205.

The instant land is part of the K reservoir created in around 1943 and 1945, and the maintenance and P maintenance of Ulsan-gu L (hereinafter “L and P”) among the land constituting the said reservoir, etc. A.

As seen in this paragraph, the ownership transfer registration under the Act on Special Measures for Ulsan-gun has been completed in the future, and the ownership has been transferred in the future to the defendant, and the L/P land has been transferred.

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