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Reasons
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(영문) 청주지방법원 2018.02.20 2017가단6450
대지권이전등기 등
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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

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

B. 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 completed on July 1, 2003. The indication of land that is the object of the site ownership is “1. F forest and forest land 290

2. G forest land: 7 square meters;

3. 60 square meters of the instant land;

4. H 702 square meters of forest land. The indication of a site ownership (type of a site right and the rate of a site ownership) was entered into “59.1051/99 of the ownership right 599, 3.549/60 of the superficies right 3.49/109, and 59.1051/99 of the ownership right.” On the ground that “the ownership right shall not be a site ownership right on October 1, 2009,” the period of land site registration was cancelled on April 3, 2017.” (hereinafter “instant land”). However, the instant aggregate building was not located in the instant land, but E was made on July 1, 2003 for a pre-sale of the building on June 30, 2003, and on the ground that “the superficies is not a site ownership right” on superficies 30/30,000 of the instant land.

The L organization holding a right to collateral security established on July 22, 2002, prior to the above superficies over the land of this case, applied for a voluntary auction on the land of this case and the part for exclusive use of this case to Cheongju District Court M, and the voluntary auction procedure commenced on May 8, 2008, and Defendant B applied for on October 1, 2009 and the part for exclusive use of this case.

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