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(영문) 대전지방법원서산지원 2017.05.10 2016가단6370
지상권설정등기
Text

1. The Defendants, among E-ga-si 57 square meters, shall acquire legal superficies on June 4, 2002 with respect to each of 1/3 shares, from the Plaintiff.

Reasons

1. Facts of recognition;

A. F completed on October 27, 1992 with respect to the registration of ownership transfer on October 27, 1992, E large scale 57 square meters (hereinafter “instant land”) with respect to G-type 273 square meters (hereinafter “instant G land”), and on April 12, 1994 with respect to the registration of ownership transfer on April 12, 1994, as to the two-storys of the above ground reinforced concrete slab roof, and the two-storys of storage and neighborhood living facilities, 112.5 square meters, warehouse, 81 square meters, general restaurants of 193.5 square meters (hereinafter “instant building”).

B. At the auction procedure (Sasan Branch H of the Daejeon District Court) conducted upon the application of a voluntary auction by the mortgagee of the right to collateral security of the instant G land and building, the I was awarded a successful bid for the instant G land and building on June 4, 2002 and completed the registration of ownership transfer in its name. The Plaintiff completed the registration of ownership transfer in its name on October 7, 2012 for the instant G land and building due to the public auction conducted on October 26, 2012.

C. The Defendants completed the registration of ownership transfer on June 5, 2015 due to the public auction on June 1, 2015 with respect to each of the instant E shares of 1/3 out of the instant land.

The entire land of this case is necessary for the maintenance and use of the building of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-5, the purport of the whole pleadings

2. One copy of the board, and Article 366 of the Civil Act provides, “If land and a building on the ground of auction of mortgaged property belong to another owner, the landowner shall be deemed to have established superficies on the building owner.” According to the above facts, I acquired legal superficies on the land of this case through voluntary auction on June 4, 2002, and on the other hand, the plaintiff who acquired the building of this case through public auction was transferred the above legal superficies by J. Thus, the plaintiff shall be deemed to have acquired the land of this case by public auction on behalf of J. Thus, the plaintiff shall be deemed to have sold the land of this case by public auction.

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