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(영문) 울산지방법원 2018.12.19 2018가단51081
소유권이전등기 등
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. The following facts are acknowledged to the effect that there is no dispute or the entire pleadings, in addition to each macro- documentary evidence.

On April 11, 2001, Defendant B acquired the ownership of each of the lands listed in the annexed list 1, 3, and 5 (hereinafter referred to as “instant factory site”) and the ownership of each of the lands listed in the annexed list 6 (hereinafter referred to as “instant road”) to be used as an access road to the instant factory site on February 19, 2003.

[1] Defendant B completed the registration of ownership transfer on March 5, 2007 with respect to one half of the instant roads to E on March 28, 2007.

[A-6] On June 28, 2007, Defendant C, the wife of Defendant B, completed the construction permission for the building (referring to the building of this case 487.5 square meters in total floor area; hereinafter referred to as “instant factory building”) on the ground of the instant factory site, attached Table 2, which is a factory building of the size of two stories, on the ground of the instant factory site, and obtained approval for use on December 7, 2007, and completed registration for preservation of ownership on August 11, 2008.

[A-2] At the time of building permission, the road of this case is marked to be used as “entry Road” for the factory building of this case.

[The current status of the building] However, on December 8, 2008, a fire occurred in the factory building of this case, and the second floor office was destroyed by the fire.

[A] The Defendant B’s husband and wife removed the second floor office, and provided that the Defendant B’s husband and wife newly constructed and used an office of about 10 square meters on the ground of the land listed in the attached Table 3 among the instant factory site without permission.

[Defendant B’s husband and wife prepared a sales contract for a factory that sells the instant factory building to the Plaintiff as a broker of Defendant D, a real estate broker, on November 10, 2016, on the reply of February 9, 2018, and on October 31, 2018)

[A 3-1] The object for sale is ① The land: 4 lots totaling the factory site of this case (the total area is 1485 square meters, and the factory site of this case is accurately identical to the area of the factory site of this case). ② The building of this case is written respectively, and each lot and building are written.

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