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(영문) 서울중앙지방법원 2015.02.05 2014가합12138

소유권이전등기말소 등

Text

1. As to the Plaintiff’s share of 101/135 out of the real estate listed in Appendix 1 List 1 List:

A. Defendant B shall be Suwon District Court.

Reasons

1. Basic facts

A. The details of the change in the land indicated in paragraph (1) of the attached Table 1 1 1 ) The land size of 2,850 square meters in Gyeonggi-si E-si, Gyeonggi-do is F on July 10, 1995 (hereinafter “F”).

() The parcel number was changed to 2,850 square meters G field. On the other hand, Gyeonggi-gun K was changed to F on April 20, 1995. On May 27, 2004, G field 1,98 square meters and H field 862 square meters. G field 1,98 square meters were divided into G field 1,971 square meters and I field 17 square meters on April 27, 2005. Since G field 1,971 square meters, G field 1,971 square meters were divided into 1,971 square meters and I field 17 square meters on November 3, 2006 (G previous 1,971 square meters; hereinafter “instant land”); and even in cases where attached list 12 through 100 square meters were entered, “the instant land” shall be divided into the sequence of land.

(2) On January 7, 1985, Nonparty J made a registration of ownership transfer on the land of this case on the ground of sale on December 15, 1956. Defendant B made a registration of ownership transfer on June 7, 1985 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership (Act No. 3562, hereinafter “former Act on Special Measures for Real Estate”) on October 28, 1974.

3) Defendant C&C (hereinafter “Defendant C&C”)

On September 24, 2009, the Suwon District Court obtained on September 24, 2009 the establishment registration of a neighboring mortgage consisting of Defendant B, Defendant B, the maximum debt amount of 140,000,000 won as of September 24, 2009, and finally changed the maximum debt amount of KRW 1,170,000,000.

In addition, on September 24, 2009, the Defendant C Union completed the registration of creation of superficies with the term “30 years from September 23, 2009 to 30 years”, “ownership of buildings, other structures, or trees,” “all of the land”, and “free of land” under the term of “173970” under the foregoing Luxembourg registry office’s receipt.

On May 31, 2011, Defendant C Union received the registration of creation of a mortgage near Defendant B and Defendant B, the maximum debt amount of 70,000,000 won from the registry office as of May 31, 201.

(b).