저당권설정등기
1. Defendant B is on the ground of the establishment of legal superficies on July 19, 2016 with respect to the area of 284 square meters in Jeonnam-gun, Jeonnam-gun.
1. Facts of recognition;
A. On October 4, 2005, Defendant C completed the registration of ownership transfer based on the land indicated in paragraph (1) of the disposition (hereinafter “instant land”) and the land of this case, splate splate roof, single-story detached house, 57.9 square meters (hereinafter “instant housing”) on October 2, 2005, respectively.
B. On September 22, 2009, the Republic of Korea (Korea Office of Disposition) seized the instant land and the instant building on the grounds of default on national taxes, respectively. On February 5, 2010, the registration of seizure of the said purport was completed respectively.
C. On June 1, 2016, the Korea Asset Management Corporation publicly announced a public sale of the instant land, and Defendant B purchased the instant land in the public sale procedure on July 19, 2016 and completed the registration of ownership transfer on August 5, 2016.
In addition, on April 12, 2017, the Korea Asset Management Corporation announced a public auction on the instant building, and on June 19, 2017, the Plaintiff purchased the instant building in the public auction procedure and paid the price in full.
E. Meanwhile, as a result of the appraisal of the instant building around March 24, 2017 at a dialogue appraisal corporation, the number of years of the instant building was assessed to be 45 years.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings
2. The building owner is naturally entitled to statutory superficies on the land unless there is a condition that the land and the building on the land belong to the same owner, but the building or the land are sold and sold and becomes different from the two owners, and in particular, the building owner will acquire the statutory superficies on the land, but registration is required when the above statutory superficies is transferred.
In addition, in the above case, the legal superficies holder can claim the legal superficies without registration against the owner of the site at the time of acquiring it by the validity of the real right or against the third party who acquired the ownership of the site from it, and transfer the building.