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(영문) 울산지방법원 2019.06.20 2018나22091
토지인도
Text

1. Revocation of a judgment of the first instance;

2. The defendant shall be the plaintiff.

A. Each gas station facility listed in the separate sheet No. 1.

Reasons

1. Basic facts

A. On August 12, 2015, the Plaintiff purchased the land of 61 square meters prior to Ulsan-gun, Ulsan-gun, Ulsan-gun, and completed the registration of ownership transfer under the Plaintiff’s name on October 12, 2015. The said land of Ulsan-gun is divided into the land of 60 square meters prior to Ulsan-gun, Ulsan-gun, Ulsan-gun, and one square meters prior to NN (hereinafter collectively referred to as “each of the instant land”).

B. F completed the registration of ownership transfer on the land outside Ulsan-gun G, Ulsan-gun, and three lots (hereinafter “instant gas station land”) on March 19, 1981, and planned to operate the gas station from the land of the instant gas station around May 1995.

F On May 26, 1995, with the permission to install underground tanks at the gas station in Ulsan-nam Fire Station, F obtained a completion inspection of underground storage tank on October 9, 1995. On March 15, 1997, F reported petroleum retail business to the head of Ulsan-si, Ulsan-si, and operated the gas station (hereinafter “instant gas station”) on the land of the instant gas station.

C. The ownership of the instant gas station business, including the instant gas station land, was transferred to the Defendant on December 31, 2009 through L and M.

After that, among the facilities of the gas station of this case, the fact that a cement reinforced concrete oil storage tank installed on the ground of 21 square meters in order to connect each point of 9.7 square meters of the length on the line connecting each point of 5,17, and 9 of the attached table Nos. 5, 17, and 9, was installed on the ground of 21 square meters of "B" section No. 21 square meters of the attached table among the facilities of the gas station of this case, and the cement reinforced concrete oil storage tank installed on the ground of 21 square meters of the attached table No. 3,4, 5, 17, 13, 14, and 3 was located on the ground of "V" section No. 18, 19, 20, 21, and 18 of the attached table No. 10, 11, 12, and 10 were located on the ground of 10 square meters of the land of this case, not the land of this case.

E. Meanwhile, on the other hand, regarding Ulsan-gun, Ulsan-gun, which is occupied by the Defendant, 54 square meters, prior to Ulsan-gun, 2015.

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