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(영문) 대구지방법원상주지원 2016.12.21 2016가단8496

근저당권말소

Text

1. The instant lawsuit shall be dismissed.

2. The plaintiff bears the costs of lawsuit.

Reasons

1. Basic facts

A. 1) Network E (Death around October 1987) contains under its chain Nonparty F (M, N,O, and P) (Death around September 201, South Korea, and November 1, 1981), H (M, N,O, and P) (Death around August 1986), I, K (M), C, and D (Death around June 196, 196), and L are couples and couples, and M, N,O, P, and their children.

B. 1) The network E is a change in the registration of real estate, etc.

(2) On July 15, 1970, the land category and area of the RP 4,240 square meters are omitted, except where real estate is first entered in SP 8,040 square meters (hereinafter “real estate”).

As to August 27, 1971, each registration of ownership preservation was completed on August 27, 1971. 2) I completed the registration of ownership transfer on February 5, 2008 by way of T and U guarantee under the Act on Special Measures for the Transfer, etc. of Ownership of Real Estate (Act No. 7500, hereinafter “Special Measures Act”) being enforced at the time. < Amended by Act No. 3500, Jun. 30, 1985>

3) The Defendant completed the registration of establishment of a neighboring land under the Daegu District Court’s Yancheon District Office No. 4396, Apr. 1, 2008; No. 4178, Apr. 3, 2009; and No. 7252, May 3, 2011 of the same registry office with respect to the pertinent RR land. Since then, the said RR land was subject to the registration of establishment of a neighboring land under the following circumstances: (a) on June 20, 201; (b) on August 3, 2015, the said RR land was 3,247§³; (c) W forest land was 5 square meters; and (d) X forest and field 740 square meters; and (d) on July 30, 2015, the ownership transfer registration was completed on July 8, 2015, the land category of the land was 8,040 square meters of a forest and field 2014 square meters of a forest and forest.

(1) On August 30, 2013, the Plaintiff completed the registration of ownership transfer based on donation on August 29, 2013 to M, N,O, and P as to each of the above land on August 30, 2013, and the Defendant completed each registration of ownership transfer based on donation on August 29, 2013. < Amended by Presidential Decree No. 24677, Aug. 30, 2013; Presidential Decree No. 24675, Aug. 29, 2013>