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(영문) 수원지방법원 2015.09.08 2014가단49896

지상권설정등기말소 청구

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1. Of the 113.7 square meters in Suwon-si, Suwon-si I, Defendant H shall have the share of 77/875, Defendant B shall have the share of 182/875, and Defendant C shall have the share.

Reasons

1. Basic facts

A. On June 21, 197, the Plaintiff completed the registration of ownership transfer with respect to 1/12 square meters of land 113.7 square meters in Suwon-gu, Suwon-gu, Suwon-si (hereinafter “instant land”).

B. On November 19, 1977, J completed the registration of creation of superficies (hereinafter “registration of creation of superficies of this case”) for the duration of the land of this case from November 18, 1977 to 30 years.

C. The J died on August 31, 1980 and succeeded to the property by the Defendant H (masts), B (C), C (L), D, and L (C) who is the wife, and on September 14, 2003, K died. < Amended by Presidential Decree No. 17504, Sep. 14, 2003>

L died on October 23, 201 and succeeded to the property of Defendant E, Defendant F, the husband of the property, and Defendant F, and G. The inheritance shares of the Defendants are as shown in the attached Form.

Grounds for recognition: A1, the whole purport of pleading

2. According to the above facts of recognition, the registration of creation of superficies of this case expired on November 18, 2007, after 30 years from November 18, 197.

As such, among the land of this case in the Plaintiff, Defendant H is obligated to perform the procedure of cancellation registration for the registration of creation of superficies of this case on November 18, 2007 with respect to the registration of creation of superficies of this case as to the share of 77/875, shares of 182/875 shares of Defendant C, shares of 252/875 shares of Defendant C, shares of 182/875 shares of Defendant D, shares of 78/875 shares of Defendant E, and shares of 52/875 shares of this case.

3. In conclusion, the plaintiff's claim is with merit, and it is decided as per Disposition by admitting it.