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(영문) 울산지방법원 2018.01.24 2017가단54021
건물철거 및 토지인도 등 청구의 소
Text

1. The Defendant (Counterclaim Plaintiff) indicated on the attached sheet 2,338 square meters of land for factory in Ulsan-gu, Ulsan-gu, the Plaintiff (Counterclaim Defendant) 2,3.3.

Reasons

1. Determination on the main claim

A. In fact, on March 7, 2017, the Plaintiff completed the registration of ownership transfer with respect to the factory site of 2,338 square meters (hereinafter “C land”).

The Defendant, as the owner of Ulsan-gu, Ulsan-gu, and six lots and six above ground factories adjacent to the land, part of the land C, sets up a warehouse building (hereinafter “instant warehouse building”) on the 32 square meters of the part inside the ship connected in sequence of each point of 2,3,4,5,6, and 32 square meters of the attached sheet among the above land, and occupies and uses a part 56 square meters of the inside part (hereinafter “instant land”) connected in order to each point of 1,2,3,4,4,5,6, and 1 each point of 1,2,3,4,5,000 square meters of the attached sheet among the above land.

[Reasons for Recognition] Unsatisfy, Gap 1, 4, 5, 7 evidence, Eul 7 evidence, Eul 8-2, the appraisal result of appraiser E, the purport of the whole pleadings

B. The Defendant is obligated to remove the instant warehouse building from the Plaintiff seeking the removal of interference as the owner of C’s land and deliver the instant land possessed by the Defendant to the Plaintiff.

2. Judgment as to the defendant's assertion and counterclaim

A. The Defendant’s assertion was that the land of this case was 56 square meters of land for factory in Ulsan-gu, Ulsan-gu prior to the annexation.

H, the owner of the G company, a telegraphic body of the defendant company, was the owner of F land, and around December 1982, the owner of the G company constructed a new factory building on D land including the above land and produced automobile parts.

G Company was converted to a defendant company as a corporation on May 4, 200, and its trade name was changed, and the defendant company is running the same business.

I asked H to sell F land as it is necessary to purchase C land before annexation and obtain a new factory construction permit.

H In fact, it is impossible to sell land because part of the warehouse building and guard room building was constructed on the above land, but only the name of the owner of F land was transferred to I for the I’s convenience, and the building and the warehouse constructed on the above land.

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