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(영문) 춘천지방법원강릉지원 2017.11.15 2017가단3075
지상권설정등기말소
Text

1. The defendant received on January 11, 1978 from the defendant with respect to the real estate stated in the attached list to the plaintiff.

Reasons

Attached Form

The fact that the registration of creation of superficies specified in Paragraph (1) of the disposition of this case (hereinafter “registration of creation of superficies of this case”) has been completed for the period of 30 years from January 24, 1973 with superficies holder’s 88 in Jung-gu Seoul, Jung-gu, Seoul, and for each of the real estate indicated in the list is not a dispute between the parties. In full view of the purport of the entire pleadings as a whole, the defendant is recognized as identical to the Korea Coal Cooperatives with superficies holder’s registered of creation of superficies of this case, taking into account the evidence No. 1 and evidence No. 2-1 through 3.

In full view of the above facts, since the defendant's superficies expired, the registration of creation of superficies of this case is null and void without any cause.

The Defendant is obligated to complete the registration procedure for cancellation of the registration of creation of superficies of this case to the Plaintiff.

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