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(영문) 의정부지방법원 2014.04.10 2013가합1355

소유권이전등기

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1. The Defendant-Counterclaim Plaintiff’s real estate indicated in the attached list Nos. 1 and 2 to the Plaintiff-Counterclaim Defendant.

Reasons

Basic Facts

On January 15, 2009, the Plaintiff completed the registration of transfer of ownership with the Government Receiving Office of the District Court Nos. 4767 as to the real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “instant land and building”) and the land listed in C, D, and E (hereinafter “each land before the instant partition” in the joint name of C, D, and E (hereinafter “the instant land”).

On November 13, 2008, the Plaintiff completed the registration of creation of a neighboring superficies with respect to each land prior to the division of this case, each of which is at least KRW 780,000,000,000,000,000,000 on the land and building of this case, under the Act No. 147310, Nov. 13, 2008, and the registration of creation of a superficies with respect to each of the land prior to the division of this case was completed, and thereafter, the Plaintiff completed the registration of creation of a neighboring superficies with respect to each of the land of this case, which is at least KRW 312,00,000,000,000,000,000,000.

On November 25, 2011, the Defendant completed the registration of ownership transfer in accordance with No. 108519, respectively, with respect to each land before the instant partition.

As of November 30, 201, the Defendant completed the registration of creation of respective superficies with each of the following points, which is the National Bank Co., Ltd. (hereinafter “National Bank”), the obligor, the maximum debt amount of KRW 1,04,000,000,000,000 from the same registry office (hereinafter “National Bank”), and the National Bank with superficies as the National Bank with superficies. On the same day, the Defendant revoked the registration of establishment of each of the neighboring mortgages and superficies creation of the Korea Agricultural Cooperative Co., Ltd. and the Korea Exchange Bank, each of which was completed on each of the instant real estates on the same day.

After that, on December 22, 2011, C 2,589 square meters are 3 through 5 land listed in the attached Table, and 6, 7 land listed in the attached Table for D previous 645 square meters, and E 3.