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(영문) 청주지방법원 2019.05.09 2018나6489
대지권이전등기 등
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

Basic Facts

Land of 60 square meters (hereinafter referred to as “instant land”) in Plue-gu, Seo-gu, Seo-gu, Seoul (hereinafter referred to as “Cheongju-si”) was owned by K. As to the said land, the registration of the establishment of a collateral security (hereinafter referred to as “instant collateral security”) was completed with regard to the said land as “the maximum amount of the claim amount of KRW 2,100,000,000 on the ground of an additional contract on the same day on July 22, 2002, and as “the debtor Qa and a collective security interest L organization” (hereinafter referred to as “instant collateral security”).

E Co., Ltd. (hereinafter referred to as “Co., Ltd.” in the sign of all Co., Ltd.) newly built the I Building (hereinafter referred to as “Co., Ltd.”) with the second underground and fifth underground floor on the ground of F, G and H land.

On July 1, 2003, the registration of preservation of ownership was completed on the first floor J of the instant aggregate building (hereinafter “the instant exclusive ownership”). The registration of preservation of ownership was made on July 1, 2003. Of the above preservation registration, the indication of land which is the object of site ownership is “1. F forest and forest land 290

2. G forest land: 7 square meters;

3. Plux 60 square meters (hereinafter “the instant land”)

4. H 702 square meters of H forests and fields were stated, and the site ownership is indicated (type of site right and site ownership ratio) 1.

2. Ownership and site rights: 59.1051/100;

3. 3.5499/60 of superficies and site rights;

4. It was stated as follows: 59.1051/10 of the ownership site right.

After that, April 19, 2017 " October 1, 2009"

3. The ground for the cancellation of the indication of the site right to the land of this case was that it is not a site right. Although the instant aggregate building is not located in the instant land, E, which newly constructed the said aggregate building, completed the provisional registration of the right to claim a transfer of ownership on the ground of the pre-sale agreement on July 1, 2003 with respect to the said land on June 30, 2003, and completed the provisional registration of the right to claim a transfer of ownership on the ground of superficies contract as of June 30, 2003, on the ground of the superficies contract as of June 30, 2003.

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