logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.08.12 2016가단40789
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts are acknowledged in light of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 2-1, 2, 3-1, 2, and 5-1, 3-2, and 5-1.

A. The Korea Mutual Saving and Finance Company (hereinafter “Korea Mutual Savings and Finance Company”) registered the establishment of a mortgage over the maximum debt amount of KRW 750,000,000 with respect to the land of this case, Gangnam-gu Seoul District Court, Gangnam-gu, Seoul (hereinafter “instant land”) as the receipt of June 19, 191, as the Seoul District Court Decision 61762, Jun. 19, 191.

B. Subsequent to the instant land, one multi-household house with the size of 1st underground and 4th above ground (29 households) was constructed on the instant land, and the registration of ownership preservation of D’s name was completed on January 13, 1992 by the Gangnam-gu Office of Seoul District Court (2555). On the same day, registration was completed to the effect that the instant land is the purpose of site ownership of the said multi-household house with respect to the instant land.

C. On September 14, 1993, E received a successful bid of 402 multi-household houses among the above multi-household houses (hereinafter “instant 402”), and completed the registration of ownership transfer on June 20, 1998. The written decision to grant a successful bid for the instant 402 stated that the bid price included the site price in the bid price.

The Korea Mutual Saving and Finance Company shall set forth above A.

On October 15, 1998, on the basis of the right to collateral security of the claim, the Seoul District Court applied for voluntary auction of the land of this case to the Seoul District Court. On November 9, 1998, the procedure of voluntary auction was initiated through the above court G G.

E. Where the Plaintiff’s registration (wholly amended by Act No. 10580, Apr. 12, 201) Article 101(5) and Article 101(5) (1) of the former Registration of Real Estate Act (wholly amended by Act No. 10580, Apr. 12, 2011) (i) a building is divided or combined, its number, type or structure is changed, its destruction or loss, increase or decrease in its size, or new construction of an appurtenant building

(2) The same shall also apply where a lot number of a building site is changed, or a site right is changed or extinguished.

(5) Articles 52 and 131-2 (2).

arrow