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(영문) 창원지방법원 2016.04.26 2015가단81771
근저당권말소
Text

1. As to the land indicated in the separate sheet No. 1 to No. 4 to Plaintiff A and B

A. Defendant D is the Changwon District Court Kim Jong-hae Office.

Reasons

1. The following facts may be acknowledged in light of the following facts: there is no dispute between the parties, or the whole purport of the pleading in Gap evidence 1 to 7; the witness G’s testimony does not interfere with the above recognition and there is no counter-proof otherwise.

On December 13, 1986, Nam River Construction Co., Ltd. (hereinafter referred to as “Seoul River Construction”) contracted construction of two multi-household houses (hereinafter referred to as “multi-household houses”) on each land listed in the attached Table (hereinafter referred to as “instant land”) to H and I, and H and I completed the said new construction construction around November 20, 1987.

B. The sales contract was concluded between some buyers prior to the completion of the said new construction project with the occupancy period as of October 30, 1987 and November 20, 1987. On December 1, 1987, the transfer to operation among the instant multi-household housing was made on January 6, 1988, and the transfer to Nadong among the instant multi-household housing was made on January 6, 198, and thereafter, the transfer was made to 2 multi-household housing by the buyers. Of the instant multi-household housing was registered as an aggregate building on September 12, 198.

C. On the other hand, on November 2, 1992, the Nam River Construction completed the registration of the establishment of a neighboring mortgage of KRW 50 million with respect to the instant land (hereinafter “the registration of the establishment of a neighboring mortgage of this case”) on November 2, 1992, and on November 12, 1992, the registration of the establishment of a neighboring mortgage of KRW 37 million with respect to the instant land (hereinafter “the registration of the establishment of a neighboring mortgage of this case”). D.

Attached Form

Land indicated in the list 1 is jointly owned by Plaintiffs A and B at the ratio of 12875/10300 shares, 2,3, and 4 in the Schedule 1275/100 shares, respectively, and 5 land listed in the Schedule 5 is jointly owned by Plaintiffs C at the ratio of 5175/41400 shares.

2. Determination on the cause of the claim

A. In order to establish sectional ownership of one building of relevant legal doctrine, objective and physical aspects.

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