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(영문) 대구지방법원상주지원 2016.06.01 2015가단8567
근저당권말소
Text

1. Nonparty C:

A. The defendant A shall have jurisdiction over the Daegu District Court's registration office on January 4, 2002 with respect to the land size of 2,783 square meters in Dongdaemun-si.

Reasons

1. Basic facts

A. On December 1, 2006, the Plaintiff filed a lawsuit against Nonparty C with the Daegu District Court for the payment of KRW 44,955,563, and damages for delay in the amount of KRW 27,00,000,00 among the money that was transferred to Nonparty C as the resident support of Nonparty C at the Daegu District Court 2006da5498, and the above court rendered a favorable judgment on May 16, 2007, and the above judgment became final and conclusive around that time.

B. 1) On April 19, 1996, C is entitled to the registration of ownership and the completion of partition of each real estate owned by C (hereinafter “real estate 1”) 2,783 square meters in Seo-si, Seo-si (hereinafter “Seoul”).

On March 27, 1996, the registration of ownership transfer was completed on the ground of sale and purchase on March 27, 1996. (2) On February 17, 1998, the E- miscellaneous land owned by Nonparty G (hereinafter “E land before division”) was divided into KRW 1,102 square meters (hereinafter “second real estate”) and KRW 9,715 square meters (hereinafter “third real estate”) before the Gyeong-si, Si, Dong-si, Dong-si and KRW 1,102 square meters (hereinafter “second real estate”).

In addition, on November 23, 200, C completed the registration of transfer of ownership on the ground of inheritance by agreement division on February 2, 1999 with respect to real estate 2 and 3 on November 23, 200.

C. On January 4, 2002, the registration of creation of a superficies of KRW 15,00,000,000,000 was completed on September 3, 1997 by the Daegu District Court No. 98, which was received from the defendant, the Daegu District Court received on January 4, 2002, and the registration of creation of a superficies of KRW 60,000,000,000,000 for the land A before the split-off on September 3, 1997 (hereinafter “CF”) by the debtor H corporation, the maximum debt amount of KRW 60,000,000,000,000 for the registration of creation of a mortgage, which was received by the same registry office, was completed on September 2, 1997.

B. (2) As seen in paragraph (2), the above land was divided into the real estate Nos. 2 and 3 of February 17, 1998, and the registration of establishment of a superficies was transferred to the real estate No. 2 and 3 of this case, respectively. However, the above registration became more serious.

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