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(영문) 수원지방법원 2016.06.01 2015가단143160
근저당 및 가등기 말소 청구의 소
Text

1. The plaintiff, (1) the defendant B corporation is the Suwon District Court registry office with respect to the real estate stated in the attached Table 1.

Reasons

1. A claim against Defendant B, a bank for the settlement of disputes (hereinafter “B”).

A. The plaintiff is the owner of the real estate stated in the attached Table 1.

(2) As to the real estate listed in the attached list 1, the Suwon District Court Seosung registry office of March 8, 1982, No. 5225 received on March 8, 1982, and the registration of the establishment of a new establishment of the Defendant BB dispute settlement bank as of May 9, 1983.

(3) Since 20 years have passed since the establishment of the right to collateral security over the real estate listed in the attached Table 1 attached hereto, at least on December 1, 2015, which was the date of the filing of the instant lawsuit, the secured claim of the right to collateral security expired by the expiration of the extinctive prescription.

(4) Therefore, Defendant B shall implement the procedure for registration of cancellation on December 1, 2015, with respect to the registration of creation of each class completed under No. 5225 of the receipt on March 8, 1982 and No. 32783 of the receipt on May 9, 1983 with respect to the registration of establishment of each class of real estate listed in the separate sheet No. 1 of the Suwon District Court.

(b) Judgment made in the constructive confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. Claim against Defendant C

A. 【Evidence” 【A-1-3, A-2, and A-5, and the purport of the entire pleadings (1) The Plaintiff is the owner of the real estate indicated in the attached Table 2, 3, and 4.

(2) On August 17, 1981, the registration of the provisional registration of the right to claim the transfer of ownership was completed on August 25, 1981, which was received on August 25, 1981 from the Suwon District Court of Suwon District on the ground of the promise to trade the attached list 2, 3, and 4, which was “C (C)” (C).

B. The party’s assertion and the decision of this Court (1) The Defendant C, as alleged by the Plaintiff, should implement the cancellation registration procedure on the registration of the right to claim transfer of ownership, with the lapse of the period for exercising the right to complete the sale.

(B) A person who completed the provisional registration of the right to claim ownership transfer on the real estate listed in the attached list 2, 3, and 4 of Defendant C’s counterclaim is not Defendant C.

(2) In full view of the court's findings of fact inquiry to the head of Busan Jin-si, Busan.

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