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(영문) 인천지방법원 2015.09.25 2014가합11556

부동산소유권이전등기 말소등기등

Text

1. The plaintiff's action against the defendant F shall be dismissed.

2. The plaintiff's claims against the defendant B, C, D, and E are all dismissed.

Reasons

1. The following facts may be acknowledged, either in dispute between the parties or in full view of Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 4 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1, 1 to 3, and the fact inquiry results and the whole purport of the pleadings against the Namdong-gu Incheon Metropolitan City Mayor.

1) G 1,130.2 square meters (hereinafter “instant land”) in Nam-gu, Incheon Metropolitan City, which was H-owned, (i) the auction procedure for real estate stated in the purport of the claim;

On August 12, 1994, the mutual name of the debtor H and mortgagee general partnership company was changed to the Heungsung Mutual Savings and Finance Company (Sungsung Mutual Savings and Finance Company, Co., Ltd. on June 30, 1996).

It is called "foreign mutual savings and finance companies" regardless of whether it is before or after the change in the trade name.

(2) The establishment registration of a neighboring mortgage with the maximum debt amount of KRW 300 million was completed on August 16, 1994; the establishment registration of a mortgage with the content of KRW 300 million with the debtor I, the mortgagee, the non-party mutual savings and finance company, and the maximum debt amount of KRW 300 million on the same day; and the establishment registration of a neighboring mortgage with the content of KRW 300 million with the debtor J, the non-party mutual savings and finance company, and the maximum debt amount of KRW

2) At the time of the completion of construction, H obtained a construction permit from the head of Nam-dong, Incheon Metropolitan City on August 25, 1994, to construct a building with the third underground floor and the 11th floor above the instant land (hereinafter “instant building”) on the instant land from around that time, the construction of the instant building was carried out, but only the construction was completed due to the lack of construction costs, etc., but H did not properly undertake the construction work.

3) H on June 5, 199, under the name of the owner of the instant building, H Co., Ltd. for the construction of the continental industry (hereinafter “construction of the continental industry”).

Since that time, the continental Industrial Construction has been changing to the new construction of the building of this case.

On the other hand, as to the land of this case, January 200.