(영문) 의정부지방법원 2015.01.13 2014가단100511

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(영문) 의정부지방법원 2015.01.13 2014가단100511

소유권보존등기말소 등

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1. As to the real estate stated in attached Table 2 attached hereto to the Plaintiff, Defendant Jeondong Agricultural Cooperative District Court.

Reasons

1. Basic facts

A. On October 20, 1913, the Land Survey Book prepared with respect to the Seocheon-gun, Gyeonggi-do (hereinafter “instant land”) was registered as the owner of “E” on October 20, 1913. (2) The land cadastre and the real estate register for the “D Large 827 square meters was destroyed around June 25, 1960, and the land cadastre was restored from the date of the 1960s and the F” was registered as the owner column for the land cadastre on March 29, 1963.

3) At present, the land No. 1 in this case is unregistered. B. The land listed in [Attachment List No. 2] (hereinafter “instant land No. 2”).

1) On July 10, 1913, the Forest land survey report prepared with respect to the Gyeonggi-do Seocheon-gun G (hereinafter referred to as "H") in the Japanese occupation period of Japanese occupation is registered as the owner of the "J" of the "Y 5th unit affairs before I" on July 10, 1913.

2) The forest land register and the real estate register with regard to the above “former 5 Type 5” were destroyed around the time of the disaster, and the forest land register was restored on December 5, 1963. 3) Defendant Republic of Korea completed the registration of preservation of ownership on the land of this case No. 2 on February 26, 1996.

Defendant B purchased the above land from Defendant Republic of Korea in KRW 71,891,00 on July 17, 2012, and completed the registration of ownership transfer on August 23, 2012.

On September 7, 2012, Defendant B entered into a mortgage agreement and a superficies agreement with Defendant A, respectively, with respect to the land in question, as well as the maximum debt amount, in order to secure the obligation to Defendant B, and completed on September 10, 2012, the registration of the establishment of a mortgage and the creation of a superficies with Defendant B, respectively, on the said land.

[Ground of recognition] Evidence Nos. 1, 2-1, 2-2, 3, and 4-2, and the purport of the whole pleadings

2. Determination as to the claim on the land No. 1 of this case

A. Defendant Republic of Korea’s judgment on Defendant Republic of Korea’s principal defense shall be subject to this.

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