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(영문) 서울중앙지방법원 2015.08.12 2014가합63020
근저당권설정등기말소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On May 25, 1954, Korea: (a) specified the location of 25.3 square meters in Seoul, Jung-gu, I, 1,321 Hobbebbes (hereinafter “instant land before the instant partition”); (b) sold to J; (c) around that time, most of the said land was specified and sold to 30 persons; and (d) land purchasers occupied the relevant land solely by the method of owning a building on the ground by receiving the land purchased; (c) however, the transfer registration of ownership was completed with respect to the land before the instant partition.

B. Meanwhile, the land prior to the instant partition was divided into several parcels, such as a square meter of 72.7m from November 10, 1954, which was divided into several parcels, such as a square meter of the Seoul Jung-gu Seoul, Jung-gu, Seoul. On December 28, 1991, the co-ownership registration of each purchaser’s co-ownership share was transferred in the name of each purchaser, just before the partition.

C. As to the land divided on the land prior to the instant partition, Plaintiff A filed a lawsuit claiming ownership transfer registration on the grounds of mutual title trust termination under the Seoul Central District Court Decision 2009Ga37412, the Seoul Central District Court Decision 201Ga350542, the same court 201Ga350542, and the same court 201Ga294646, and the Plaintiff B completed the registration of ownership transfer under the name of the Plaintiff as to the remaining co-owners of the said land.

On the other hand, the defendant registered the establishment of a neighboring mortgage of K and 1.3 billion won with respect to the share of the land before the division of this case, and as to the share of the familyland to the corporation prior to the division of this case, the debtor corporation is the Grandland and the debtor corporation.

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