(영문) 서울북부지방법원 2015.06.18 2013가단44529

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(영문) 서울북부지방법원 2015.06.18 2013가단44529

가등기말소등

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The provisional registration for the right to claim ownership transfer (hereinafter “the provisional registration of this case”) was completed in the Defendant’s future on the ground of a pre-sale made on January 14, 1993 as the receipt No. 105 of the same registry office as of October 26, 1970 with respect to the land of this case, the registration for the right to claim ownership transfer (hereinafter “the provisional registration of this case”) was completed on October 26, 1970.

3) On December 24, 1992, the debtor D and the mortgagee of the right to collateral security had been merged with the two-year agricultural cooperatives under the same registry office No. 6195 on the instant land.

(2) The registration of creation of a mortgage in the vicinity of the instant case as the maximum debt amount of KRW 27 million (hereinafter “registration of creation of a mortgage of this case”).

A) On July 16, 2010, the Defendant, a person entitled to the provisional registration of this case, subrogated to the Yang-gu Agricultural Cooperatives the amount of KRW 27 million equivalent to the maximum debt amount, and on the same day, the mortgagee was changed to the Defendant. B. The Plaintiff and the Defendant were born between the deceased E (Death, Jan. 16, 2004) and the deceased F (Death, Mar. 15, 2013). C. On the other hand, the network E would establish a farming house on the instant land in around 1992, with a building permit granted under the name of D residing in the vicinity of the instant land, and completed the registration of ownership preservation under the name of D by constructing a reinforced concrete slab roof-to-story house on the instant land in the name of D on December 5, 1992.

2) On the other hand, the provisional registration of this case was completed on January 14, 1993 with respect to the housing of this case, and on December 24, 1992, the registration of the establishment of the mortgage of this case was completed, and on July 16, 2010, the mortgagee of the mortgage of this case was changed to the defendant. 3) On June 27, 1996 with respect to the housing of this case, the registration of the ownership transfer was completed, and the networkF bequeathed the housing of this case to the defendant.

On the other hand, the network E and the network F are dead.

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