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(영문) 대전지방법원 천안지원 2018.08.29 2017가단112030
입목소유권 확인
Text

1. The ownership of each of the trees above 1,250 square meters prior to the Yandong-gu, Chungcheongnam-gu, Seoul and all of the trees above 1,269 square meters prior to the Yandong-gu, Chungcheongnam-gu, and D prior to D.

Reasons

1. Basic facts

A. Each registration of ownership transfer has been made on May 6, 200 with respect to each of the real estate stated in the disposition (hereinafter in this case) under the name of E on May 6, 200.

B. On December 5, 2011, the establishment registration of a neighboring mortgage in the name of the National Agricultural Cooperative Federation (hereinafter referred to as the “mortgage”) was completed with respect to the instant real estate at KRW 168,00,000. On the same day, the establishment registration of superficies was completed in the name of the National Agricultural Cooperative Federation for the purpose of owning buildings, other structures, and trees from December 5, 201 to 30 years, for the purpose of owning the said building, other structures, and trees.

C. At the time of the establishment of the instant right to collateral security, E, the debtor G and the owner and the owner of the instant property, confirmed that there was no lease agreement on the instant real estate with respect to the National Agricultural Cooperative Federation, the mortgagee, and agreed to lose the benefit of time when concluding the lease agreement and repay the loan immediately.

In addition, on December 2, 2011, E does not raise any objection against the total number of trees (at least 8-10 weeks, such as bank trees, etc.) planted on the ground of the instant real estate against the National Agricultural Cooperative Federation. As E offered the instant real estate as security to the National Agricultural Cooperative Federation, E would not raise any objection even if the National Agricultural Cooperative Federation arbitrarily disposes of or removes the said trees in connection with the exercise of the security right to the land later, and each of the above fixed dates was received from the National Agricultural Cooperative Federation.

E. On February 23, 2016, the National Agricultural Cooperative Federation applied for an auction of real estate in the instant real estate to Daejeon District Court H as a branch of the Seocheon District Court (hereinafter “instant auction”), and the Plaintiff is a successor.

F. On the ground of the instant real estate, trees are trees, and the status is as follows.

(The appraisal statement on the auction of this case shall be written, hereinafter the item of this case).

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