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(영문) 창원지방법원마산지원 2017.07.05 2016가합100584
소유권이전등기
Text

1. A list of the plaintiff's lawsuits against the defendant Youngsan Agricultural Cooperative;

3. Registration of the establishment of a neighboring mortgage as mentioned above;

Reasons

1. Basic facts

A. Defendant B and C: the annexed list on September 3, 2014

1.(a)

The registration of transfer of ownership of shares has been completed for each real estate mentioned in the paragraph for each sale.

On the other hand, Defendant B shall list the same day attached hereto.

1.(b)

(d)bee:

The registration of transfer of ownership in the above defendant's name is completed for each real estate stated in the paragraph due to each sale.

(b) Subsequent to Defendant Youngsan AFF list:

2. The registration of the establishment of a neighboring mortgage and the creation of a superficies shall be completed with respect to each of the registered real estates.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. A list of the Plaintiff’s lawsuits against Defendant Youngsan Agricultural Cooperative;

3. A list of the plaintiff's lawsuits against defendant Youngsan National Agricultural Cooperative ex officio to determine the legitimacy of the claims for the registration of establishment of a neighboring mortgage and the cancellation of registration of creation of superficies;

3. Whether the request for performance of the registration of establishment of a neighboring mortgage and cancellation of the registration of creation of superficies is legitimate or not.

The Plaintiff’s lawsuit of this case is a list of the attached Form as to Defendant Youngsan.

3. It appears that the registration of creation of a neighboring mortgage and the registration of creation of a superficies on the premise that such registration is null and void. However, if the registration of establishment of a neighboring mortgage and the registration of creation of a superficies are already cancelled, there is no legal interest in seeking the cancellation of the registration of creation of a superficies and the registration of creation of a superficies prior to the date of cancellation (see, e.g., Supreme Court Decision 2002Da57904, Jan. 10, 2003). Considering

3. Since it can be recognized that the registration of establishment of a mortgage and the registration of creation of superficies around each of the entries are cancelled on the grounds of partial abandonment, etc., the lawsuit of this case seeking the registration of establishment of a mortgage around each of the above mentioned areas and the registration of cancellation of superficies

Therefore, a list of the plaintiff's lawsuits against defendant Youngsan Agricultural Cooperative

3. Registration of the establishment of mortgages and the creation of superficies around each entry; and

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