beta
Text
1. As to the real estate stated in the attached list to the Plaintiff
(a) the original registry office of the Chuncheon District Court.
Reasons
1. Basic facts
A. On May 27, 2003, the Defendant entered into a mortgage agreement with D as to the real estate listed in the separate sheet (hereinafter “instant land”), with the maximum debt amount of KRW 50 million, and the mortgage agreement with D as to the obligor (hereinafter “mortgage”) with the object of owning a solid building and structure, and with the entire duration of the instant land from May 27, 2003 to 30 years, and with superficies agreement with no rent (hereinafter “the superficies of this case”). On May 29, 2003, the Defendant completed the registration of creation of superficies under the Defendant’s name (hereinafter “registration of creation of superficies of this case”) under Article 7380 under the receipt of the registry office (hereinafter “registration of creation of mortgage of this case”).
B. On August 27, 2010, from the Chuncheon District Court's main district court's Chuncheon Branch 2010p357 (Main Office) and the mediation case of 2010pp364 (Counterclaim), the Plaintiff and D divided each property under their respective names by 1/2, and arranged the sale of the instant land, etc. by mutual cooperation. However, in the event that no sale is made by August 31, 201, D completed the registration of ownership transfer for 1/2 shares of the instant land among the Plaintiff on August 27, 2010.
C. The Defendant was reimbursed all the secured debt of the instant right to collateral on a date and the superficies of the instant case was established to secure the secured debt of the instant right to collateral, and upon the extinguishment of the secured debt of the instant right to collateral, the claim for extinguishment of the superficies of the instant case arises to D who is the developer of superficies.
[Ground of recognition] Unsatisfy, entry in Gap evidence 1 and 3 (including each number in the case with a serial number), the purport of the whole pleadings
2. The argument and judgment.