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(영문) 수원지방법원 2018.09.05 2018나50390
근저당권말소
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. The court of first instance rejected the Plaintiff’s lawsuit on the Plaintiff’s claim for cancellation of registration of the right to collateral security and dismissed the remainder of the claim, with respect to the Plaintiff’s claim for cancellation of registration of the right to collateral security and the claim for cancellation of registration of the right to collateral security.

In this regard, the plaintiff filed an appeal only against the request for the performance of each of the registration procedures for the establishment of a neighboring mortgage and the cancellation of superficies registration. Thus, the scope of the judgment of this court is limited to the above part of the appeal filed by the plaintiff, that is, to the claim for the performance of each procedure

2. Facts of recognition;

A. On June 13, 2011, the registration of ownership transfer of F, the Defendant’s right to collateral security, and the Defendant’s registration of creation of superficies, was completed on the ground of sale on February 10, 201 with respect to the land of Pyeongtaek-si (hereinafter “S”) G forest No. 588 square meters (hereinafter “the instant land No. 1”); the Gu T forest and Gu H forest and 4,163 square meters.

On the same day, the Defendant completed the registration of creation of superficies (hereinafter “registration of creation of superficies of this case”) with the Suwon District Court No. 18136, Jun. 13, 201, as the receipt of the maximum debt amount of KRW 1,378,00,000, and the registration of creation of neighboring mortgage for the debtor F (hereinafter “registration of creation of superficies of this case”) and the registration of creation of superficies of June 13, 201 with the same registry office No. 18137, Jun. 13, 2011.

B. On June 21, 2013, the former H 4,163 square meters of H forest was divided into 2,025 square meters of H forest, 1,702 square meters of I forest, and 436 square meters of J forest. The said H 2,025 square meters of H forest was again subdivided into 1,301 square meters of H forest and 724 square meters of K forest again on November 14, 2013 (hereinafter referred to as “instant land 2”).

(2) On August 9, 201, the area was divided into 1,176 square meters and Ma forest land 634 square meters on August 9, 201.

On December 23, 2013, there is a 3,327 square meters of U forest.

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