지상권말소등기청구
1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
1. Basic facts
A. The land of this case was originally owned by Nonparty D, while E Co., Ltd. (hereinafter “F Co., Ltd.”) completed the registration of ownership transfer on or around January 6, 2009 and completed the registration of ownership transfer on or around 168/195 shares, and the Selection G completed the registration of ownership transfer on or around 27/195 shares, thereby jointly owned by E Co., Ltd.
B. The Defendant completed the registration of creation of superficies (hereinafter “registration of creation of superficies of this case”) with respect to the instant land from the co-owners of the instant land (EE Co., Ltd., and G) as the Songwon District Court No. 24464, Aug. 17, 2009, as follows.
Objectives: Scope of possession of solid buildings: The entire term of land: 30 years from August 6, 2009
C. On October 30, 2015, Plaintiff (Appointed Party) Co., Ltd. acquired shares of E Co., Ltd. among the instant land by winning a bid, and Plaintiff Co., Ltd. acquired shares of 504/1950, and Selection Co., Ltd. acquired shares of 1176/1950.
【Ground for Recognition: Facts that there is no dispute between the parties or is not clearly disputed, entry of Gap evidence 1 and the purport of whole pleadings】
2. On August 2009, G of the Plaintiff (Appointed Party)’s assertion: (a) agreed to grant a servitude to I at the time of the registration of creation of superficies; (b) did not delegate the authority to establish superficies; and (c) did not delegate the authority to register under another’s name; (d) the Defendant and I stolen or forged the name G, thereby making the registration of creation of superficies of this case under the name of the Defendant, rather than the servitude under the name of the E Co., Ltd.; and (b) thus, the registration of creation of superficies of this case ought to be cancelled as the cause invalidation.
3. Where a transfer registration of ownership has been completed with respect to a piece of real estate on the market, it shall be presumed that it has been completed lawfully in its cause and procedure unless there are any special circumstances, and the title holder of such registration shall be a third person.