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(영문) 대전지방법원 2017.01.18 2016가합2226
진정명의회복을원인으로하는소유권이전등기
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs completed the registration of ownership transfer in the future of the Plaintiffs on each of the following dates [Attachment 1] (1) as to each of the lands listed in paragraph (2) of the same Table (hereinafter “former lands of this case”).

① The date of registration: (2) On August 19, 1981, Plaintiff A’s Gong-gun E, Chungcheongnam-gun, Chungcheongnam-gun, and the date of registration; (3) on June 27, 1981, Plaintiff A’s 615С of F. Doz., Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and on August 31, 1981, Plaintiff A’s Doz. 2,655С on August 31, 1981, Plaintiff B, Chungcheongnam-gun, Chungcheongnam-gun, and the date of registration; and (4) on December 30, 1956, Plaintiff A’s Doz., 3,074С of A-gun, Chungcheongnam-gun, and the date of registration; and (5) Plaintiff A’s land details on June 27, 1981.

B. On May 24, 1993, the Rural Development Corporation completed the registration of ownership transfer for the previous land owned by the plaintiffs on April 2, 1993, and the defendant completed the registration of ownership transfer for the previous land on May 24, 1993.

C. On May 28, 1993, the Rural Development Corporation completed the registration of creation of a mortgage on the previous land of this case (hereinafter “registration of creation of a mortgage on the first place”) with the maximum debt amount of KRW 69.8 million and the debtor’s establishment of a mortgage on the ground of a contract establishing a mortgage on April 28, 1993.

Plaintiff

A on July 7, 1994, with respect to the previous land of this case on July 5, 1994, completed the registration of creation of a mortgage over the maximum debt amount of 50 million won and the debtor's neighboring mortgage over the second neighboring land of this case (hereinafter "registration of creation of a mortgage over the second neighboring land of this case"). D.

The previous land of this case was merged on February 19, 2004 and became D 7,114 square meters in the Si of Gongju-si.

The land D, which was combined on April 12, 2004, was divided into D 6,007 square meters in public land in public land, and 1,107 square meters in public land in public land in public land (hereinafter “I land”) in public land.

E. On November 1, 2004, the part established concerning I land was cancelled on October 26, 2004 due to the partial termination of the registration of the establishment of the first and second neighboring mortgages of this case.

After that, on October 23, 2014, the part of the instant land was established at the time of the registration of the establishment of the first and second neighboring mortgages of this case on October 23, 2014.

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