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(영문) 울산지방법원 2014.07.08 2014가단1767
소유권이전등기
Text

1. The Defendants each point of the attached drawings No. 1, 2, 3, 4 and 1, among the land size of 240 square meters in Ulsan-gu E, Ulsan-gu.

Reasons

1. Basic facts

A. With respect to Ulsan-gu, Ulsan-gu (hereinafter “Plaintiff-owned land”), the transfer registration of ownership was completed from G on September 16, 1987 to H on the ground of sale under H’s name, and the transfer registration of ownership was completed on June 30, 2009 due to the inheritance consultation division, and the transfer registration was completed in the Plaintiff’s name on November 20, 2012.

B. The registration of ownership transfer was completed in the name of J around March 1988 with respect to the area of 240 square meters, which is adjacent to the land owned by the Plaintiff (hereinafter “instant land”). As the J died on November 13, 200, the Defendants, the inheritor, completed the registration of ownership transfer by inheritance shares on June 24, 2003.

(Defendant B 3/7 Shares, Defendant C, and Defendant D 2/7 Shares).

Plaintiff

Around November 30, 1982, in the land owned, six persons, including K, etc., newly built a block structure, straw roof housing, 36.6 square meters (hereinafter “instant blue roof single-story housing”). On September 16, 1987, the registration of ownership transfer was completed from G to H on the ground of sale, and the registration of ownership transfer was completed in the Plaintiff’s name on November 20, 2012.

H When purchasing the Plaintiff’s land and the instant blue roof block housing from G, “A” part of block block structure with the Plaintiff’s land and the instant land (hereinafter “instant white roof single-story housing”) was constructed over the instant land.

이 사건 토지 중 별지 도면 표시 ㄱ, ㄴ, ㄷ, ㄹ, ㄱ의 각 점을 순차로 연결한 선내 ㈎부분 27㎡(이하 ‘이 사건 점유부분’이라고 한다)는 이 사건 흰색지붕 단층주택의 부지 및 통로로 사용되고 있고, 이 사건 흰색지붕 단층주택의 외벽과 그와 연장된 담장이 이 사건 점유부분의 경계를 이루고 있다.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, Gap evidence 2-1, 2, 3, Gap evidence 3, 4, 5, 7, 8, 9, witness I, and the purport of the whole pleadings.

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