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(영문) 울산지방법원 2017.11.14 2016가단63974
소유권이전등기
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1. The claims of the plaintiff (appointed party) and the designated parties are dismissed.

2. The costs of lawsuit are assessed against the plaintiff (appointed party) and the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff (Appointed Party; hereinafter “Plaintiff”) is the wife of the network E (Death on June 30, 2003) and the designated parties are children of the network E.

The defendant is an organization consisting of residents residing in Ulsan Metropolitan City-gun B.

나. 별지 (1) 목록 기재 부동산(이하 ‘F 잡종지’라 한다)는 망 E의 조모(祖母)인 망 G(1977. 12. 12. 사망)의 소유였는데, 1975. 3. 1.자 매매를 원인으로 이 법원 1976. 1. 17. 접수 제933호로 피고 명의의 소유권이전등기가 경료되었다.

C. The real estate listed in the [Attachment 2] List (hereinafter “H site”) was owned by the network G. The registration of transfer of the network E’s ownership was received on January 16, 1980 by the court No. 1614 on July 25, 1942, and the same year of this court due to the inheritance by the agreement and division of June 30, 2003.

8. 13. Receipt No. 84752, the registration of ownership transfer in the name of the appointed party C was completed.

The Defendant has constructed and possessed 20 square meters of the 88.10 square meters and the 88.10 square meters of affiliated buildings on the above H site and the miscellaneous land both on both the ground and the miscellaneous land, one story of the communal facilities (village halls) in the vicinity of one story of the building site, and one story of the public facilities (village halls) in the vicinity of one story of the asbestos slate roof.

(hereinafter referred to as the “instant community hall”). [Grounds for recognition] / [This case’s community hall] No dispute, Gap’s statements and videos (including the serial numbers) in Gap’s evidence Nos. 1, 3, 6, 8, 9, Eul’s evidence Nos. 2 and 4, the result of this court’s request for the measurement and appraisal of the U.S. branch office of the U.S. National Land Information Corporation

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion (1) was owned by the network G in F, and despite the fact that the network G donated the miscellaneous land to the network E and owned it, the ownership transfer registration was made in the name of the Defendant.

However, as to the above F miscellaneous land, the entry of the register and the process of dividing the land cadastre is different from each other, and the entry of the register as to the division is made in the land cadastre after the prior entry of the register.

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