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1. The plaintiff is the Daejeon District Court with respect to each real estate stated in attached Tables 1 and 2 to the independent party intervenor.
Reasons
The principal lawsuit and the participation shall be considered together.
1. Basic facts
A. As to the Defendant’s registration of the establishment of a neighboring mortgage and the registration of the creation of superficies, the Defendant completed the registration of the establishment of superficies from F with respect to each of the real estates listed in the separate sheet (hereinafter “the instant real estates”) as to ① the registration of the establishment of a neighboring mortgage and the registration of the establishment of a superficies for the period of 1,540,000,000 won for the maximum debt amount and 23252, which was received on October 7, 1994 from the Busan District Court of Daejeon District Court, as the registration office of the establishment of a neighboring mortgage, ② the registration of the establishment of a superficies for the period of 50,00,000 won for the maximum debt amount and 25579, which was received on November 5, 1994 by the debtor F, and for the period of 25580, which was from October 27, 1994.
(hereinafter “The instant mortgage” and “the instant superficies”). B.
The plaintiff shall complete the registration of ownership transfer based on sale on April 18, 1996, No. 9761, which was received on April 18, 1996, and No. 9762, which was received on April 18, 1996, and March 2, 1996, with respect to real estate listed in paragraph (3) of the attached list among the real estate in this case.
(hereinafter referred to as "transfer registration of ownership of this case")
The FF died on October 13, 2006, and the Intervenor of the independent party (hereinafter “ Intervenor”) succeeded to the property.
[Ground of recognition] Facts without dispute, Gap evidence 1, Byung evidence 1, Byung evidence 1, 2, 3 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Summary of the parties' arguments
A. The plaintiff's right to collateral security and superficies of this case are false or registered, and the extinctive prescription has expired from October 7, 1994 or from November 5, 1994. The right to collateral security and superficies of this case should be cancelled in accordance with the father's nature.
The Plaintiff, as the owner of the instant real property, sought the cancellation of the right to collateral security and superficies of this case against the Defendant.
B. Defendant 1 loans from F to F.