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(영문) 대전지방법원 논산지원 2018.08.23 2017가단2710
근저당권설정등기등의말소
Text

1. The defendant shall receive on February 3, 1993 from the plaintiff the Daejeon District Court's issuance registration office with respect to the size of 823 square meters in Chungcheongnam-gun, Chungcheongnam-gun.

Reasons

1. Indication of claim;

A. On August 1, 2013, the Plaintiff purchased B large 823 square meters (hereinafter “instant land”) in Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do (hereinafter “instant land”), and completed the registration of ownership transfer in the name of the Plaintiff on August 13, 2013.

B. Meanwhile, on February 3, 1993, the Defendant completed the registration of creation of superficies (hereinafter “registration of creation of superficies of this case”) as to the land of this case on February 3, 1993, under No. 1421, which was received from the Daejeon District Court’s receipt of registration office, and No. 7 million won of maximum debt amount, which was based on the contract to establish a mortgage on February 2, 1993, and No. 1422 of receipt of the registration office, and No. 1422 of the registration office, which was based on the registration of creation of superficies of this case (hereinafter “registration of creation of superficies of this case”).

C. The secured claim for the registration of the establishment of a neighboring mortgage of this case and the registration of the creation of superficies of this case was extinguished by the prescription on February 3, 2003, which was ten years after the due date, and the above secured claim and superficies were also extinguished by being attached to the secured claim.

Therefore, the Defendant is obligated to implement each procedure for the registration of the establishment of a nearby the instant superficies and the cancellation of the instant superficies establishment registration to the Plaintiff.

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

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