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(영문) 서울고등법원 2015.11.13 2014나2039488
근저당권설정말소등기등
Text

1.The judgment of the first instance, including a claim modified in the trial, shall be modified as follows:

In the lawsuit of this case.

Reasons

1. According to the evidence Nos. 1-1 and 4 regarding the request for cancellation of the registration of each real estate listed in the separate sheet Nos. 1-1 and (3) of the separate sheet No. 1, the decision of voluntary commencement of auction was rendered on July 23, 2013 regarding each real estate listed in the separate sheet Nos. 1-1 and (3) and the fact that the ownership of the said real estate was sold to M and transferred to M on July 8, 2014 and June 8, 2015 can be recognized that all the mortgage and superficies registration in the name of the Defendants, which were established above, were cancelled. Thus, the Plaintiff has no legal interest in seeking cancellation of the registration of the establishment of neighboring mortgages and the registration of the creation of superficies.

Therefore, the part requesting the cancellation of the establishment registration of neighboring real estate and the cancellation of the registration of creation of superficies among the lawsuits in this case is unlawful.

The Plaintiff withdrawn the lawsuit on this part at the fourth day for pleading of the trial, but the Defendants did not consent thereto.

2. As to the claim for cancellation of the registration concerning the real estate stated in Attachment 1 List 2

A. The facts of recognition 1) The N Co., Ltd. (O, representative director F; hereinafter “N”) entered into a contract with G on August 27, 1997 to purchase each real estate listed in the separate sheet No. 1 and the entire P 74m20 million won in Gwangju City between N and G on August 27, 1997.

B) On August 29, 1997, N voluntarily withdrawn the lawsuit against the Codefendant E in the first instance trial. Between division and division, the registration of ownership transfer was completed on February 9, 1999 in the real estate listed in the separate sheet No. 2 attached hereto, which was registered in the name of N, and in Q-owned H, Gwangju City HW 834/836 square meters, 336 square meters. A contract was concluded to purchase the purchase price of KRW 3.2 billion with respect to each real estate (hereinafter referred to as “Korea-style Construction Co., Ltd.”) Korea-style Construction Co., Ltd. (hereinafter referred to as “Korea-style Construction”).

A. On November 15, 1997, each real estate and Gwangju City listed in Schedule 2, 4 through 7, and 9 through 13 of annexed Table 2 shall be the real estate and Gwangju City.

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