beta
(영문) 인천지방법원 2017.12.21 2017가단223070

근저당권말소

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 29, 2013, the Plaintiff filed a counterclaim for the registration of ownership transfer with respect to the instant real estate on the ground of the completion of prescriptive acquisition on June 29, 2013 (Seoul District Court Decision 2014Da30789 (principal lawsuit), 2015Da10621 (Counterclaim)). On September 16, 2015, the court of the first instance rendered a judgment dismissing the Plaintiff’s main claim and accepting the Plaintiff’s counterclaim. Although E filed an appeal and appeal, the judgment of the first instance court became final and conclusive as it was due to its dismissal.

(hereinafter referred to as the “instant lawsuit”. B.

Meanwhile, with respect to the instant real estate, E completed the registration of initial ownership as of October 14, 2013 by the Incheon District Court’s registry No. 87264, Oct. 14, 2013. The registration of initial ownership was completed against Defendant B law firm, as of November 4, 2013, the Incheon District Court’s registry No. 99384, the registration of initial maximum debt amount of KRW 11,00,000 (hereinafter “the registration of initial priority”) was completed against Defendant C, who is one of the parties to the registration of the Incheon District Court, as of November 4, 2013, the registration of initial priority over the registration of initial priority amount of KRW 11,00,000 (hereinafter “the registration of initial priority priority”) and the registration of initial priority over the registration of initial priority over the maximum debt amount of KRW 9632,300,000 (hereinafter “the registration of initial priority”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including additional number), the purport of the whole pleadings

2. The assertion and judgment

A. A person who has occupied another person’s land in peace and openly for twenty (20) years by his/her intention to own the land. As such, the possessor files a claim for ownership transfer registration with respect to the original owner on the ground that the period of acquisition by possession expires, etc., or the original owner knows the completion of the acquisition by prescription.