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(영문) 인천지방법원 2016.07.01 2016가단203918
근저당권말소
Text

1. As to each real estate listed in the separate sheet to the Plaintiff:

A. Defendant B, (1) Incheon District Court's reinforcement registry office.

Reasons

Basic Facts

On June 19, 190, the Plaintiff and C completed the procedures for share transfer registration on the 14th of the same month with respect to each of the real estates listed in the separate sheet on June 19, 199.

(2) On January 31, 1991, the Plaintiff and C had registered the creation of a superficies (No. 12737 on June 30, 1990) with a maximum debt amount of KRW 13 million against D on June 30, 1990, the establishment of a neighboring district court registry office (No. 12736 on June 30, 1990), the duration of which is 30 years for the purpose of owning trees (No. 12737 on the same date as the registry office), and the establishment of a superficies (No. 12737 on the same date as the registry office), and the Defendant Korea Trade Co.,, Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) with respect to the instant real estate. The Plaintiff and C completed the establishment of a mortgage with a maximum debt amount of KRW 20 million against D on June 30, 1990.

(B) Defendant B completed the registration of the establishment of a superficies on November 10, 2015, on the ground that the registration of the establishment of a mortgage and the creation of a superficies in D’s name was “the registration of the establishment of a superficies No. 1,” “the registration of the establishment of a superficies No. 1,” “the registration of the establishment of a mortgage in Defendant Company’s name” and “the registration of the establishment of a superficies No. 2,” and on the registration of the establishment of a superficies No. 1, on the ground of sale on November 10, 2015.

【In the absence of dispute, the Plaintiff’s assertion as to the purport and purport of the entire statements and arguments in Gap’s evidence Nos. 1, 2 and Eul’s evidence No. 2, and the Plaintiff’s assertion as to the judgment, as the secured claim in the registration of creation of the first and second collateral expired by prescription, each of the above secured claims became extinct depending on the nature of the secured mortgage. ② Since D did not exercise any right more than 20 years after the completion of the registration of creation of the first superficies, the above superficies expired by prescription. The Defendant B, a transferee of the registration of creation of the first collateral and the registration of creation of superficies, is also the above establishment registration.

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