지상권설정등기말소등기청구등
1. Defendants and co-defendant F of the first instance judgment exceeding the following portions of the judgment of the court of first instance ordering payment.
Basic Facts
O borrowed KRW 1,530,00,000 from the Plaintiff during the period from October 25, 1984 to April 30, 1985, a total of KRW 1,530,00,00 necessary funds for new construction from the Plaintiff to April 30, 1985.
C. On April 30, 1985, the Plaintiff completed the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) with respect to each of the instant sites, including the registration of creation of the right to collateral security (hereinafter “right to collateral security”) which is the maximum debt amount of KRW 1,100,000,000.
According to the Plaintiff’s repayment of some of the above loans, the Plaintiff cancelled the registration of the establishment of the remainder of the instant site except the registration of the establishment of the establishment of the neighboring site of this case in sequence.
C. On April 17, 1985, when the construction of the building in this case was carried out by obtaining a building permit under its own name, the name of the owner was changed to Codefendant B Codefendant Co., Ltd. (hereinafter “B”), and on March 23, 1985, the registration of creation of superficies (hereinafter “the superficies in this case”) with respect to each site in this case was completed from March 20, 1985 to 30 years from March 20, 1985.
On August 19, 1986, approval for use was made for the building of this case, and around December 8, 1986, registration for preservation of ownership was completed after being classified by floors B.
Since then, the registration of ownership transfer has been completed to the buyer who entered into a sales contract with B on the section for exclusive use of the building in this case, but the registration of site ownership was not completed in the process.
On the other hand, each of the instant sites continued to be owned by theO, and from December 30, 1986, the registration of ownership transfer for some shares was completed in sequence to the said buyer from December 30, 1986.
The plaintiff on December 24, 1992.