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(영문) 인천지방법원 2016.06.08 2016나50283
지상권말소등기
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are dismissed, respectively.

2. After an appeal is filed.

Reasons

1. Basic facts

A. C completed the registration of ownership transfer with respect to each of the lands listed in the separate sheet No. 1 (hereinafter “each of the instant lands”) on June 29, 1990, and I obtained a building permit with respect to the buildings listed in the separate sheet No. 2 (hereinafter “instant building”) on September 8, 200.

B. D purchased each of the instant lands on January 4, 2001, and I changed the owner of the instant building to D on December 7, 2001, and D completed the registration of ownership transfer on each of the instant lands on December 26, 2001.

C. On November 15, 2002, E purchased each of the instant lands from D, and completed the registration of ownership transfer on each of the instant lands on January 10, 2003, G concluded a mortgage contract and superficies contract with E on January 10, 2003, and completed the registration of creation of superficies on January 10, 2003 (hereinafter “registration of creation of superficies”). On January 10, 2003, G concluded a mortgage contract and superficies contract with E on each of the instant lands, the maximum debt amount of KRW 375 million on January 10, 200, the debtor, E, and the mortgagee’s registration of creation of mortgage on each of the instant lands, the ownership of buildings or trees solid for the purpose of January 11, 203, the entire duration of the land, the entire duration of the land, the period of existence of superficies from January 10, 2003, and the registration of creation of superficies with superficies with G (hereinafter “registration of creation of superficies”).

The building of this case was constructed by F, and around January 2003, about 90% of the building of this case was constructed.

E. F purchased each of the instant lands on June 2, 2003, and completed the registration of ownership transfer with respect to each of the instant lands on June 24, 2003. On October 18, 2003, F acquired the owner of the instant building under the name of the building owner.

F. On December 13, 2005, F entered into a sales contract with the Defendant with respect to each of the instant lands and buildings at KRW 210 million (hereinafter “instant sales contract”), and the special terms and conditions are as follows.

-F shall transfer to the Defendant documents for the transfer of the ownership of a building (registration) together with the contract, and the transfer of ownership of a building (registration) shall be dealt with [f] disposal of legal defects (such as collateral security, provisional seizure) of the land by F [f].

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