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(영문) 대전지방법원천안지원 2016.09.07 2016가단5340
지상권설정등기
Text

1. The Defendant received on September 22, 201 from the Daejeon District Court, Daejeon District Court with respect to the land size of 1,199 square meters prior to C in Yanancheon-si.

Reasons

1. Facts of recognition;

A. D completed the registration of the establishment of a neighboring mortgage-holder D, a debtor, and a mortgagee D, with respect to the land of this case (hereinafter “instant land”) of the 1,199 square meters prior to C in the Yananan City, which was owned by E on September 21, 2011.

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”). (b)

D = Ga.

In order to secure the collateral value of the right to collateral with the establishment of the right to collateral security on the same day, the registration of creation of superficies D with superficies for the purpose of owning buildings, other structures, or trees on the land of this case on the same day shall be completed for the duration of 30 years and superficies D with superficies

(hereinafter referred to as “registration of creation of superficies of this case”).

On May 23, 2014, the Defendant completed the additional registration of the establishment of the instant neighboring mortgage by reason of transfer of confirmed bonds, and completed the additional registration of the transfer of the instant superficies by reason of sale on the same day.

The former owner E of the instant land filed a lawsuit against the Defendant in 2015 seeking the cancellation of the registration of the establishment of the creation of the instant neighboring land. On March 21, 2016, “E shall pay KRW 85,000,000 to the Defendant, and KRW 60,000,000 among them shall be substituted by the deposit for payment (No. 2829 of this Court in 2015), and the remainder of KRW 25,00,000 shall be repaid by March 31, 2016. The Defendant was deposited for repayment of KRW 25,00,000 from E by March 31, 2016. At the same time, the conciliation was established that “E shall implement the cancellation registration procedure of the registration of the establishment of the creation of the instant neighboring land.”

(The Daejeon District Court Decision 2015Kadan20083). Hado co-Plaintiff, the owner of G land, etc. in Yananan-si, the joint collateral, is the owner of G.

E. On March 30, 2016, E deposited KRW 25,000 on behalf of the Defendant, and the registration of establishment of the instant neighboring areas was cancelled on March 31, 2016 due to the completion of conciliation.

F. On February 26, 2016, the Plaintiff purchased the instant land from E and completed the registration of ownership transfer on April 4, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4 (including virtual numbers) and the purport of the whole pleadings.

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