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(영문) 대구지방법원안동지원 2017.11.22 2017가단1530
지상권말소
Text

1. The part concerning the claim for cancellation of the registration of superficies among the lawsuits in this case shall be dismissed.

2. The Defendants shall list the Plaintiff’s attached list.

Reasons

1. Indication of claim;

A. The land listed in the separate sheet (hereinafter “instant land”) is currently owned by the Plaintiff.

B. On February 1, 1974, the deceased G concluded a superficies contract with the intention of owning standing timber as to the land of this case, which is the former owner of the land of this case, for thirty (30) years from February 1, 1974, and completed the registration of the creation of superficies as stated in paragraph (2) of this Article.

C. On May 18, 1974, the network G and the network I entered into the above superficies transfer contract, and the network I had completed the superficies transfer registration under the Daegu District Court Decision 10451 on June 7, 1974.

The defendants are the successors of the network I.

E. Since the above superficies has expired due to the expiration of the duration period, the Defendants are obligated to implement the procedure for cancellation registration of the above superficies creation to the Plaintiff.

2. Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts;

3. The supplementary registration before dismissal of the right to collateral security is dependent on the registration of the establishment of a neighboring principal registry, which is the existing principal registry, and thus, the secured obligation is extinguished, or when the registration of the establishment of a neighboring principal registry is null and void, only the cancellation of the registration of the establishment of a neighboring principal registry shall be sought, and the additional registration shall be cancelled ex officio upon cancellation of the principal registration, even if the former registration does not separately seek for cancellation (Supreme Court Decision 95Da7550 delivered on May 26, 1995). In light of the above legal principles, there is no interest in filing a lawsuit to seek cancellation of the additional registration.

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