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(영문) 대구지방법원 2016.08.26 2015가단123990
근저당권말소
Text

1. The defendant A and the defendant B shall receive on October 13, 1997 the Daegu District Court's Cheongdo Office registry office with respect to the real estate listed in the annexed Table 1 list.

Reasons

1. Basic facts

A. The bankruptcy trustee of the Daegu Mutual Savings and Finance Company, Inc., the bankruptcy trustee of the non-party bankrupt, the Daegu District Court, 2004da7714, Daegu District Court, 77714, held title against the non-party F, G, and H, and the Plaintiff entered into an asset transfer agreement with the said Korea Deposit Insurance Corporation on August 5, 201, and transferred all of the above claims to the non-party F, etc. on September 23, 201, and notified the transfer on September 23, 2015.

(hereinafter referred to as the Plaintiff’s claim against the above F, which the Plaintiff acquired, is the instant claim.

B. On October 13, 1997, the above F entered into a mortgage contract and superficies contract with Defendant A, Nonparty I, J, and the instant real estate as the owner of the real estate listed in the separate sheet No. 1 (hereinafter referred to as the “the instant real estate”). On October 13, 1997, the Daegu District Court of Do, Cheongdo, issued a registration office of 16346 and 16347, respectively, on October 13, 1997.

(2) The registration of the establishment of a neighboring superficies of this case is the registration of the establishment of a neighboring superficies of this case)

C. Defendant B completed the registration of the establishment of a neighboring mortgage and the registration of the establishment of superficies as of December 24, 1997 with respect to the above portion of shares by inheritance by consultation and division as of December 24, 1997. Defendant C, Defendant D, and Defendant E completed the registration of the establishment of a neighboring building and the registration of the establishment of superficies as of March 19, 198. Defendant C, Defendant D, and Defendant E completed the registration of the establishment of a neighboring building and the transfer of shares in the registration of the establishment of superficies as of the above portion of shares on March 27, 2008.

[Basis for recognition] 1,2,3,4,5,6,7 of the evidence No. 4-1,23,4,6,7

2. The plaintiff asserted that he had the claim of this case against the above F. ① The defendant A, the above I, and the above J completed the registration of the establishment of a new superficies and the registration of the establishment of a new superficies because they did not have any claim against the above F. Thus, the registration of the establishment of a new superficies and the registration of the establishment of a new superficies are null and void

(2)

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