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(영문) 대구지방법원안동지원 2017.11.29 2017가단2953
지상권말소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. The Plaintiff seeks cancellation against the Defendant to whom the above superficies were transferred on the ground that the registration of creation of superficies stated in the purport of the claim has expired due to the expiration of the duration.

However, in full view of the purport of the evidence No. 1-1, the registration of creation of superficies can be recognized as cancelled on September 29, 2017, taking into account the purport of the entire pleadings. Thus, the instant lawsuit has no benefit in protecting rights.

2. If so, the lawsuit of this case is unlawful, and thus, it is dismissed. Since the defendant received a duplicate of the complaint of this case, the lawsuit costs shall be determined to be borne by each party, taking into account the fact that he provided the plaintiff with the documents necessary for the procedure for registration of cancellation. It

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