(영문) 춘천지방법원 2016.11.30 2015가단3559

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(영문) 춘천지방법원 2016.11.30 2015가단3559

토지지상권설정등기말소등기

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1. As to the real estate indicated in the separate sheet to the plaintiff and the succeeding intervenor.

Reasons

1. Facts of recognition;

A. On March 14, 2003, the Plaintiff completed on March 14, 2003, the registration of creation of a superficies (hereinafter “instant superficies”) and the registration of creation of a superficies (hereinafter “registration of creation of a superficies”) with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), the maximum debt amount of KRW 700 million was registered (hereinafter “Do resident mutual savings bank”).

B. On March 30, 2006, the defendant acquired the right to collateral security and superficies claims of this case and completed the registration of transfer of the right to collateral security and superficies on each of the real estate of this case.

C. On July 27, 2006, the Plaintiff: (a) registered the establishment of a neighboring maximum debt amount of KRW 330 million to the Defendant regarding each of the instant real estate; and (b) registered the establishment of a mortgage over KRW 500 million to the Defendant Intervenor on January 5, 2010 regarding each of the instant real estate.

As to real estate No. 7, 8, and 9 in [Attachment] List No. 7, 8, and 9 on September 7, 2011, the Defendant completed the registration procedure for cancellation of the registration of the establishment of a mortgage on September 6, 201, and on the remaining real estate on January 4, 2013, the registration procedure for cancellation of the establishment of a mortgage on November 20, 201 is completed.

E. On June 4, 2012, upon the application of the Defendant’s Intervenor, who was the mortgagee of each of the instant real estate, there was a decision to voluntarily commence the sale of real estate as of June 4, 2012, and the Plaintiff’s succeeding intervenor completed the registration of ownership transfer on August 13, 2015 with respect to each of the instant real estate on August 17, 2015. Accordingly, on the same day, the Defendant and the Defendant’s succeeding intervenor C above.

Although the registration procedure was completed on July 27, 2006 and on January 5, 2010 on the establishment registration of a neighboring mortgage, etc., the registration of creation of a superficies of this case was not cancelled.

F. Defendant who was the first mortgagee during the aforementioned real estate auction procedure.

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