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(영문) 서울중앙지방법원 2017.04.28 2014가합594050
지상권설정등기말소등기청구등
Text

1. Defendant B Co., Ltd. is the Seoul Western District Court with respect to the Plaintiff’s 789.4 square meters of Yongsan-gu Seoul Metropolitan Government N.

Reasons

1. Basic facts

A.O planned to construct a building on the ground of Yongsan-gu Seoul Metropolitan Government N 789.4 square meters (hereinafter “the first site of this case”) and P large 918 square meters (hereinafter “the second site of this case”), which is located on the second ground and ten stories above ground (hereinafter “the second site of this case”), and borrowed a total of KRW 1.53 million from the Plaintiff from October 1984 to April 1985.

B. On April 10, 1985, theO obtained a building permit under its name and carried out the new construction of the building of this case, and on April 17, 1985, established the Defendant B Co., Ltd. (hereinafter “Defendant B”) and changed the name of the owner to Defendant B, and the same year.

4. On March 23, 2085, Defendant B completed the registration of creation of superficies as described in Paragraph 1 of this Article (hereinafter “the superficies of this case”) with respect to each site of this case, which shall be thirty years from March 20, 1985.

C. On April 30, 1985, the Plaintiff, as a security for the loans set forth in the above paragraph (a), was set up by theO with respect to each of the instant housing sites, with a maximum claim amounting to 1.1 billion won (hereinafter “the instant mortgage”), and was set up several additional mortgages, and accordingly, revoked the registration of establishment of the remainder of the instant housing site except the instant mortgage as to the instant housing site in sequence, in accordance with some repayment.

The building of this case was approved on August 19, 1986, and around December 19, 1986, the registration of ownership preservation has been completed in the order of the sectional owners who acquired the section of exclusive ownership, but the registration of ownership preservation has not been made in the process.

Each of the instant sites remains as owned by O. From December 30, 1986 to sectional owners who acquired the ownership of the section for exclusive use from December 30, 1986, a share transfer registration was made in sequence to the sectional owners, and the Plaintiff’s share as registered for transfer to the sectional owners.

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