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(영문) 창원지방법원통영지원 2019.11.20 2019가단25935
지상권말소
Text

1. The Defendants shall make a registration office of Changwon District Court on July 1, 1982 with respect to the Plaintiff’s share of 1/4 of 109 square meters in G Dae-gu.

Reasons

1. Indication of claim;

A. The Plaintiff is the owner of G 109 square meters (hereinafter “Plaintiff-owned land”) in Gyeongnam-do.

And the plaintiff owns the building owned by the plaintiff on the land owned by the plaintiff.

B. On January 30, 1986, the land owned by the Plaintiff was combined with G G 9m2 and Im2, 10m2 divided from H land in Saz on the following occasions:

C. The registration of creation of superficies was made on H land at the beginning of the grace period, Changwon District Court Seowon District Office, No. 7579 of August 19, 1982, the ownership of the building adjacent to the purpose iron, the term of existence from August 18, 1982 to 30 years, and the establishment of superficies by the superficiary J. In this land, when the land was divided into 10 square meters at the same time, and once again, the registration of creation of superficies was transcribed on the land owned by the Plaintiff, which is the person with superficies, as the person with superficies, inasmuch as the land partitioned and the land was merged with 99 square meters at this time.

The registration of creation of superficies under Article 7579 of the Changwon District Court, which was established on H land after the partition, was cancelled by the application for cancellation registration under Article 3686 of the receipt on March 25, 1986, by the Changwon District Court, the Changwon District Court, the registration of creation of superficies under Article 7579 of the receipt on August 19, 1982.

However, the registration of creation of superficies (No. 7579) No. 7579 on August 19, 1982, which was killed in the land owned by the plaintiff, was omitted by mistake.

E. In addition, the registration of creation of superficies in accordance with Article 7579 of the receipt of August 19, 1982, which was transferred to the land owned by the plaintiff after the division of the land, has expired on August 19, 2012.

F. As above, the registration of creation of superficies under Article 7579 of the Changwon District Court, the Changwon District Court, the establishment of which was registered on the land owned by the plaintiff, was extinguished on August 19, 1982, and the period of existence should have expired, and this should have been cancelled. However, it is not cancelled by business mistake, but has been registered until now.

G. The plaintiff shall J for the cancellation of superficies on the land owned by the plaintiff.

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