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(영문) 울산지방법원 2015.02.11 2014가단5110
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On July 14, 1970, the Defendant completed the registration of ownership transfer made by sale on July 3, 1970, under its name as to the No. 212 of Ulsan-gu C prior to that of Ulsan-gu, Ulsan-gu.

B. On December 28, 1973, the above land was divided into the land listed in [Attachment 1] List 1 (hereinafter “1”) and the land listed in 2 (hereinafter “2”) (hereinafter “1”) and the land listed in 1 and 2 (hereinafter “2 land”).

The land category was changed from the same day to the grave site, and the land has a father D of the defendant.

C. On August 23, 1972, the Defendant constructed a house of 52.6 square meters on the ground of two land with permission from the competent authority (hereinafter “one house”) and received the completion inspection on February 21, 1974.

From around that time, the Defendant used one house directly or leased it to a third party.

피고는 1976년경 1주택에 이어서 무허가로 2토지 중 별지 도면 표시 ㈎토지 지상에 주택 58㎡(이하 2주택이라 한다)를 건축하였다.

On March 8, 1984, the Defendant died, and the Defendant, from April 30, 1992, lent a loan to the Plaintiff and his children, who were the wife of E having difficulty in economic circumstances, for free use by allowing them to reside in the housing without setting a period of two houses.

[Reasons for Recognition] A-7, 10, 13, 1-9 evidence (including provisional number), the result of the commission of surveying and appraisal, the witness F's testimony, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1) The land of this case was purchased by G, an Arabic land, and inherited by the Plaintiff, etc. via E. (2) on April 30, 1992, the Defendant concluded an agreement with the Plaintiff to transfer the ownership of the land of this case.

(1) From April 30, 1992, the Plaintiff occupied the instant land or the instant land and the instant land, b. (c) on April 30, 2002, and acquired by prescription on April 30, 202 (B) (1) the Plaintiff acquired by prescription on April 30, 202 (including (2) b. (1) the title of the instant land, and the witness H’s testimony alone.

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