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(영문) 창원지방법원진주지원 2019.10.10 2018가단35567

근저당권말소

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a current owner of 1675 square meters (hereinafter “instant land”) prior to the Nam-do, Chungcheongnam-do, Chungcheongnam-do.

The details of change in the owner of the instant land owned by the Plaintiff and the instant land and the instant land owned by the Plaintiff of 95 square meters (the real estate indicated in paragraph (1) of the attached Table; hereinafter referred to as “E land”) and F forest land of 357 square meters (the real estate indicated in paragraph (2) of the attached Table; hereinafter referred to as “F land”) are as

The ground for the registration of the owner on the date of registration, on November 27, 2014, the title trust was terminated on February 24, 2014 on November 27, 2014, and trading on October 18, 2004, when November 27, 2014, I traded on October 27, 2014, and on April 16, 2015, C on April 16, 2015, trading on April 27, 2015, respectively. < Amended by Presidential Decree No. 27577, Oct. 22, 2016; Presidential Decree No. 27779, Oct. 6, 2016>

B. On August 4, 2015, C completed the registration of the establishment of the right to collateral security against the Defendant, by the Changwon District Court, No. 10778, the Changwon District Court received the registration office, which completed the registration of the establishment of the right to collateral security against the Defendant, the obligor C, and the mortgagee.

(hereinafter referred to as the "mortgage of this case") is set forth below.

The Plaintiff is the owner of the instant land, E, F land, and Gyeong-do L (hereinafter “L land” under the real estate indicated in paragraph (3) of the attached Table 3, and the combination of the above four parcels is referred to as “Plaintiff-owned land”), and the Defendant is the owner of M and N land (hereinafter “Defendant-owned land”).

Plaintiff

Land owned by the defendant is located adjacent to the land owned by the defendant.

(Specific location shall be see Attached Cadastral Records). [Attachment A] / Each entry of Evidence Nos. 2 through 7, and 10, and the purport of the whole pleadings.

2. Judgment on the main claim

A. The Plaintiff’s assertion 1) After acquiring the ownership of the Defendant’s land on March 13, 2007, the Defendant used part of E and F land as a passage route. 2) The Defendant entered into a contract of transfer on July 2015 with respect to the land owned by the Plaintiff, which was used as a passage route around July 2015 by C as the Plaintiff’s land owned by the Plaintiff, and this is intended to secure the right to claim ownership transfer registration.