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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 인천지방법원 2018.08.30 2017나51436
근저당권말소 청구 등
Text

1. The part against the defendant among the judgment of the first instance against the defendant shall be revoked.

The defendant shall make the plaintiffs P. of Bupyeong-gu Incheon.

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. On May 4, 1993, the sales contract on No. 102 was prepared among the instant partitioned buildings, and R made a move-in report on Oct. 19, 193 among the instant partitioned buildings. D.

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, as to the instant land as indicated in the Disposition on May 17, 1993, the registration of seizure under the Defendant’s name (hereinafter “registration of seizure 1”) was completed, as indicated in the Disposition on July 9, 1993, the registration of seizure under the Defendant’s name (hereinafter “registration of seizure 2.6 billion won”) was completed, as indicated in the Disposition on July 9, 1993, and the registration of seizure under the Defendant’s name (hereinafter “registration of seizure 2”).

F. On September 18, 2009, each registration of ownership preservation was completed for each of 14 households with respect to the partitioned building of this case (the site ownership is the share of 1/14 out of each of the land of this case) and the status of ownership possession by each household at the time of the closing of argument of this case is as follows.

1) On September 30, 2009, Plaintiff A204, Plaintiff C 101, Plaintiff D 302, Plaintiff E301, Plaintiff F 101, Plaintiff G 102, Plaintiff H 1032, and Plaintiff H 1033 2) on December 8, 2010, Plaintiff J, Plaintiff C 202 (each of 1/2.00) (No. 1/2.00)

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