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(영문) 울산지방법원 2018.10.12 2018가단55267
소유권이전등기말소등기 등
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. The ownership relationship between the past ownership of the land prior to the annexation is 1) Ggsan-gu Seoul Metropolitan City I to 477 square meters (hereinafter “instant land”).

Around February 10, 1988, the area is 420 square meters (hereinafter referred to as “pre-mergered land”) located in Ulsan-gu, Ulsan-gu, Seoul-do.

(A) The land prior to the annexation is a combined land with JJ 57 square meters. The location of the land prior to the annexation is 420 square meters in part (A) connected each point of the annexed map Nos. 1, 2, 3, 4, 5, 6, 9, and 1 among the instant land, and the land prior to the annexation is 420 square meters in sequence. 2) The land prior to the annexation was owned by K and L, respectively. However, as L died on July 27, 1961, M, N,O, and P inherited the said shares, and the said inheritors sold one half of the total land prior to the annexation, which were owned by them, to Q on March 10, 1983.

3) Accordingly, on March 14, 1983, the registration of transfer of ownership in the name of M, N,O, and P was completed on March 14, 1983 with respect to one half of the land prior to the merger in the name of Q. The registration of transfer of ownership in the name of Q was completed on the same day. (B) Q filed a lawsuit for the registration of transfer of ownership on October 10, 1960 with respect to one half of the shares in the name of Q in the former land prior to the merger against K as Busan District Court Ulsan Branch 85Gadan989 (hereinafter “the shares in this case”). The above court declared that Q accepted Q’s claim on March 19, 1986 (hereinafter “the judgment”).

4. 5. Finality was established.

Q completed the registration of transfer of ownership in its name on October 10, 1960 with respect to the instant shares on April 21, 1986.

2) As seen earlier on February 10, 1988, Q was merged with the land prior to the annexation and J 57 square meters, and became the owner of the instant land. On June 24, 2003, the Plaintiff, one of his successors, completed the registration of ownership transfer on the instant land due to inheritance due to an agreement division. 3) Thereafter, the instant land was sold and purchased on July 21, 2014.

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