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(영문) 인천지방법원 2016.12.23 2016가단204188
근저당권말소 청구 등
Text

1. As to the plaintiffs, as to the Plux of Bupyeong-gu Incheon Metropolitan City P 646 square meters:

A. Defendant Republic of Korea shall be Incheon District Court.

Reasons

1. Facts of recognition;

A. On July 2, 1992, the registration of ownership transfer was completed in Q’s name with respect to the pertinent land (hereinafter “instant land”).

B. On October 28, 1992, Q applied for a building permit to newly construct and sell the first and fourth units of multi-household houses with the third floor above the ground (hereinafter “instant partitioned building”) on the instant land, and obtained permission on November 23, 1992. On December 3, 1992, Q commenced the said construction work and advertised for sale by household around that time. On December 11, 1992, Q applied for interim inspection, stating “multi-households, 14 households, 14 underground floors, and 3 floors above the ground.”

C. Around May 4, 1993, the owner side of Q et al. entered into a sales contract with the subcontractor of the new construction of the instant partitioned building under the pretext of payment in kind, and R completed a moving-in report under 102 out of the instant partitioned building on October 19, 193.

The instant partitioned building was completed around that time, but it continued to be unregistered because it was not approved for use due to partial non-construction and violation of the Building Act.

E. Meanwhile, with regard to the instant land as indicated in the purport of the claim on May 17, 1993, the registration of seizure under the name of Defendant Republic of Korea (hereinafter “registration of seizure No. 1”) was recorded on July 9, 1993, the registration of the establishment of a neighboring mortgage (hereinafter “registration of collateral No. 1”) under the name of the Defendant in the name of the Republic of Korea was recorded on September 11, 1996, the registration of the establishment of a neighboring mortgage (hereinafter “registration of collateral No. 25 million won”) under the name of DefendantO (hereinafter “registration of collateral No. 2”), as indicated in the order on July 9, 1999, the registration of the seizure under the name of Defendant Republic of Korea (hereinafter “registration of seizure No. 2”) was entered on July 17, 2003, as indicated in the order on January 17, 2003.

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