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(영문) 수원지방법원 2017.11.29 2017가단503834

근저당권말소

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1. The part concerning the claim for cancellation of registration of the right to collateral security in the instant lawsuit is dismissed.

2. The remainder of the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. On June 13, 201, F was divided into: ① 58 square meters of Pyeongtaek-si G forest (hereinafter “instant land”); ② 4,163 square meters of H forest (2,025 square meters of H forest, and 1,702 square meters of I forest, and 436 square meters of J forest; the said H forest 2,025 square meters of land was further subdivided into H forest 1,301 square meters and 724 square meters of K forest and 724 square meters on November 14, 2013; hereinafter “the instant land 2”), ③ 1,176 square meters of forest and forest (hereinafter “the instant land”) and 4,173 square meters of forest and forest were subdivided into 20 square meters of forest and forest and 436 square meters of forest and 436 square meters of forest, respectively, and the instant forest and forest were divided into 30 square meters of forest and forest and 524 square meters of land and completed the instant registration of ownership.

B. On the same day, the Defendant completed the registration of the establishment of a mortgage (hereinafter “registration of the creation of a superficies of this case”) and the registration of the creation of a superficies (hereinafter “registration of the creation of a superficies of this case”) with the debtor F as to each land of this case.

C. 1) The SelectionD purchased 61/58 of the instant portion of the land from F on October 2, 2013, and completed the registration of ownership transfer based on sale and purchase on October 31, 2013. 2) The SelectionD purchased 591/1301 of the instant portion of the land No. 2 from F on November 21, 2013, and completed the registration of ownership transfer based on sale and purchase on November 22, 2013.

3) The SelectionD purchased the instant land Nos. 3 and 5 from F on October 2, 2013, and completed the registration of ownership transfer based on sale and purchase on October 31, 2013. 4) The SelectionD purchased 45/273 of the instant land No. 4 from F on October 2, 2013, and on October 31, 2013.