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(영문) 수원지방법원안산지원 2017.08.11 2017가단1653
근저당권말소
Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall have the share 1335.98/2/1384 of the size of the unit D 1384.2 square meters in Ansan-si.

Reasons

1. Facts of recognition;

A. Change in the ownership of the instant land and acquisition of the Plaintiff’s sectional ownership, etc. 1) The members of Ansan-si, Seosan-si, 1384.2 square meters (hereinafter “instant land”).

On June 23, 1977, the registration of ownership transfer was completed in the future of the Industrial Base Development Corporation. 2) around 1981, the building on the 4th ground above the ground was newly constructed on the land of this case, and the registration of ownership preservation was completed on January 26, 1981 in the name of E and 3 other than E on January 26, 1981 with respect to the entire building and each part of sectional ownership (including each building listed in the attached list).

3) On January 26, 1981, the Plaintiff completed the registration of ownership transfer for the instant land on July 8, 1985, with respect to the buildings listed in [Attachment List 1] among the above new buildings, and on July 9, 1981, with respect to the buildings listed in [Attachment List 2] among the above new buildings, E and three others completed their registration of ownership transfer for the instant land on July 8, 1985.

After that, on August 9, 1990, E and three others sold to F 1335.98 shares out of the land in this case, and on August 30, 1990, the transfer registration of F's ownership was completed on August 30, 1990 with respect to the shares of 1335.98 shares out of the land in this case.

With respect to F’s above shares 1324.36/2 of 1384.2, the transfer registration of ownership in the name of G Co., Ltd. (hereinafter “G”) was completed on April 27, 2011 on April 27, 2011.

(F) The difference between the shares in the name of F and the shares in the name of G is due to the transfer of shares in the site ownership to several buyers. As regards the shares in the instant land 48.22/1384 and the shares in the 11.62/1384.2 of the instant land, each site ownership registration has been completed.

5. At the time when the Plaintiff acquired ownership of each building listed in the separate sheet, the Plaintiff was unable to complete the registration of ownership transfer and site ownership registration for the instant land, which is the site of each building listed in the separate sheet, because the Plaintiff did not acquire ownership of the instant land, which is the site of the said new building.

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