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(영문) 서울북부지방법원 2015.02.06 2013나6764
근저당권부존재 등 확인
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. (1) On December 3, 1973, the Plaintiff purchased 17.8/450 shares from the J on the 5th of the 1st of the Dongdaemun-gu Seoul I Forest Forest land, Dongdaemun-gu, and Defendant B, the husband of the Plaintiff, purchased 39/450 shares from the above forest land and 13.18/450 shares from the above forest land on October 10, 1969, and completed the registration of transfer of shares around that time.

(2) The Plaintiff’s above co-ownership right was changed to the land ownership of H large 107.1m2m2 in Dongdaemun-gu Seoul Metropolitan Government (hereinafter “instant G site”), based on a replotting disposition under a land readjustment and rearrangement project conducted on June 19, 1986 for the said forest land. The Defendant B’s above co-ownership right was changed to the land ownership of H large 107m2m2 in size (hereinafter “instant H site”).

(3) Meanwhile, on April 16, 1975, Defendant B completed the registration of ownership transfer on the instant building site, on the ground that the registration of ownership transfer was completed on February 15, 1986, on the ground that the instant existing building was extended to a cement brick cement tank and a 93.9 square meters store for 110.34 square meters for 2nd floor (hereinafter “the instant extension”) on the ground that the instant building was constructed on the instant H site, and the registration of change of the indication of real estate, such as the instant building on the attached list (hereinafter “instant building”).

(4) In addition, the instant building is constructed on both the instant G site adjacent to the instant G site. Of the 1st floor of the instant building, 50.8 square meters of the two floors of the instant building, such as 50.8 square meters, are constructed on the instant G ground.

(hereinafter referred to as “the part of the instant building”). B.

On the other hand, on March 14, 1986, the former mutual savings and finance company, Korea-U.S. Co., Ltd., Ltd., the mortgagee of the right to collateral security on the H site and the building of this case, set up a right to collateral security and auction (1). On the other hand, on the H site and the building of this case, the former mutual savings and finance company, Korea-U.S., Inc., Ltd.,

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