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(영문) 대구지방법원 의성지원 2018.08.14 2018가단451
토지지상권설정등기말소
Text

1. The part concerning the claim for cancellation of registration of the transfer of superficies in the instant lawsuit shall be dismissed.

2. The Defendants shall be the Plaintiff North Korea.

Reasons

1. On the legitimacy of the claim for cancellation registration of superficies transfer in the lawsuit of this case ex officio with respect to the dismissed part

The Plaintiff is seeking the cancellation registration of additional registration of the transfer of superficies completed on the instant real estate owned by the Plaintiff.

However, if the supplementary registration of the transfer of superficies is completed due to the transfer of superficies, the registration is dependent on the registration of the creation of superficies, which is the existing principal registration, and thus, if the cancellation registration of the creation of superficies is completed, the supplementary registration will be cancelled ex officio according to the cancellation of the principal registration, even if the principal registration is not separately seeking for the cancellation.

Therefore, as long as the plaintiff sought cancellation of the registration of creation of superficies completed on the real estate of this case and accepted it, there is no interest in litigation to seek cancellation of the additional registration because the additional registration of the transfer of superficies is cancelled ex officio, and eventually, the part of the claim for cancellation of the registration of creation of superficies among the lawsuits of this case is unlawful and dismissed.

2. The cited part

A. The plaintiff is the owner of the instant real estate, and the registration of the transfer of superficies was completed on September 11, 1989 by the Cheonggu District Court, Daegu District Court, as the person holding superficies I on the instant real estate with the view to holding superficies.

However, since the above superficies has become extinct more than 30 years after the duration of superficies was 30 years, the defendants, the heir of the deceased I, are obligated to implement the procedure for the cancellation of the above superficies registration with respect to each one-six share of the inheritance shares of the real estate of this case to the plaintiff.

(b) Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts;

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