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(영문) 울산지방법원 2018.01.10 2016가단63998
소유권이전등기
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

(a) Ulsan;

Reasons

The main lawsuit, counterclaim is also considered.

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.

It was originally owned by the Plaintiff (hereinafter referred to as the Plaintiff’s land) 291 square meters in Ulsan-gu, Ulsan-do.

[A 2-3] A. F purchased the Plaintiff’s land from E on May 20, 1970, and newly constructed one-story house in the name of G with the wife on the ground.

However, we did not complete the registration of transfer of ownership on the plaintiff's land in the future.

[A] 2-3, 4-2, 10] Thereafter, around 1973, F purchased land from H at the time of Ulsan-gu, Ulsan-gu, Seoul-do, 268 square meters (hereinafter referred to as the “instant land”) adjacent to the Plaintiff’s land, and thereafter, F additionally newly constructed one house for the first floor of 1st floor (hereinafter referred to as the “instant building”) in the name of G on a part adjacent to the Plaintiff’s land.

F even at this time, F did not complete the registration of transfer of ownership with respect to the instant land, and the said principal bond and the instant building were registered as G as the owner in the building ledger, but are unregistered real estate due to registration injury.

[A] 1-3, 4-2, 10] CD I JD I cadastral map, the current status of the Plaintiff’s land and the instant land and its surrounding land are indicated below the left surface map.

[A] The location and area of the instant building possessed by the instant building among the instant land are as indicated below the right surface, and this is as indicated in the attached table No. 1, 2, 3, 4, 5, and 1, the cadastral status survey result in the annexed table No. 1, 2, 3, 4, 5, and 1, and as indicated in the attached table No. 78 square meters (hereinafter referred to as the “bbbb

[3] Of the dispute portion of this case, a mentmen block fence has been installed on the part of the line that connects each point of the table Nos. 2 and 3, the result of the cadastral survey on cadastral status as well as the attached table Nos. 2 and 3. Since the building of this case is abutting on the above wall as follows, the building of this case has the same room as the boundary in fact.

[Site inspection] On the part of the land in this case, the rear outer wall and boundary fence of the building in this case are shapes.

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