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(영문) 의정부지방법원고양지원 2019.03.20 2019가단71017
근저당권말소
Text

1. The defendant on December 16, 1997, with respect to the plaintiff with respect to the 48,000 square meters of Gangwon-gun C Forest land in Gangwon-gun.

Reasons

The following facts are either in dispute between the parties or in accordance with the purport of Gap evidence 1, 2, and 3 and all pleadings, and there is no reflective evidence.

① On August 3, 198, the Plaintiff purchased 480,000 square meters of Gangwon-gun C forest land (hereinafter “the instant forest”) and 39,669 square meters of E forest land (hereinafter “E land”) from D on August 3, 198, for KRW 1760,00,00,000, and sold the instant land to the Defendant on September 12, 1988.

② On August 24, 1988, upon entering into an interim omission registration agreement, the Plaintiff, Defendant, and D entered into a sales contract with the content that D directly sells the instant land to the Defendant, and completed the registration of ownership transfer on September 12, 1988, and the instant forest was completed on September 12, 198. The instant forest was completed on September 12, 198 by the Defendant as it completed the registration of ownership transfer on the non-registered relation.

③ On February 8, 1990, the Plaintiff completed the registration of initial ownership of the forest of this case and completed the registration of ownership transfer to the Defendant, instead, in response to the Defendant’s request that the establishment of the right to collateral security should be completed. On December 16, 1997, the High Court of Chuncheon District completed the registration of establishment of the right to collateral security (hereinafter “the registration of establishment of the right to collateral security”) on the forest of this case to the Defendant under No. 11221, 197.

④ From the time when the Plaintiff sold the instant forest to the Defendant, the Plaintiff continues to occupy the instant forest.

According to the above facts, after the lapse of 10 years from February 8, 1990 or from December 16, 1997, the defendant's right to claim for the transfer registration of ownership of the forest of this case against the plaintiff was extinguished by the completion of prescription. The establishment registration of ownership of the neighboring forest of this case is to secure the above right to claim for the transfer registration of ownership, and it is the incidental nature of the security right.

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