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(영문) 전주지방법원정읍지원 2015.10.06 2014가단7344
지상권확인
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the Plaintiff’s claim against Defendant C

A. Facts of recognition 1) Go Chang-gun, North Chang-gun 468m2 (hereinafter “E site”)

(E) The “E site and the ground-based housing” are “E site and the ground-based housing” in a case where the “E site” and “E-ground housing” are collectively referred to as “E-ground housing” and “E-ground housing”, respectively.

As to the establishment registration of a mortgage of this case (hereinafter “mortgage of this case”) on November 14, 1996 under the name of the High Chang Credit Union, the maximum debt amount of which is 57,00,000,000.

2) On October 22, 1996, B completed the registration of ownership transfer due to inheritance by consultation and division on February 12, 1996.

3) At the later request of the High Credit Cooperatives, voluntary auction procedures for real estate including E site and ground housing (hereinafter referred to as “instant auction procedures”) shall be conducted by the Jeonju District Court-Eup branch F for Jeonju District Court-Eup.

(4) In the auction procedure of this case, the Plaintiff purchased the E site, the instant housing, and the instant building at the time of the auction procedure and paid the purchase price on April 20, 2004.

5) Meanwhile, on October 22, 1996, B completed the registration of ownership transfer on the instant land on the grounds of inheritance by consultation and division on February 12, 1996, B completed the registration of ownership transfer on the grounds of the said registration of ownership transfer, and the registration of ownership transfer in the name of G on June 15, 2010, and on August 6, 2010, the registration of ownership transfer was completed in the order of the registration of ownership transfer, and the Defendant’s name was completed on August 6, 2010.

B. The Plaintiff’s assertion and judgment were as follows: (a) all of the instant land and buildings located on the ground were owned by Defendant B; (b) the instant building is an accessory to the E-ground housing which is the object of the instant right to collateral security; and (c) the Plaintiff acquired the ownership of the E-ground housing through the instant auction procedure, which is an accessory.

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