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(영문) 청주지방법원제천지원 2020.02.12 2019가단834
지상권이전등기 말소
Text

1. The defendant is the Cheongju District Court as to the real estate stated in the attached list No. 2 to the plaintiff (appointed party) and the appointed party.

Reasons

1. The indicated Plaintiff (Appointed Party) and the designated parties are co-owners of the real estate listed in the separate sheet No. 2 (hereinafter “instant real estate”).

On June 29, 1966, the registration of creation of superficies, which is "C with superficies", was completed by the Cheongju District Court No. 2636 on the real estate in this case.

Then, on July 16, 1966, the additional registration of the transfer of superficies, "the duration of which was five years from June 5, 1966, superficies D," "the superficies holder D," was completed on September 1, 1966, the additional registration of the transfer of superficies, "the duration of which was five years from July 1, 1966, superficies E," "the superficies holder E," and on January 27, 1968, the additional registration was completed on January 27, 1968.

Since the above superficies has ceased to exist on June 5, 1997 due to the expiration of the duration, the defendant is obligated to implement registration procedures for cancellation on June 5, 1997 with regard to the registration of creation of superficies, which was completed as No. 2636 on June 29, 196 by Cheongju District Court Decision 2636 on the real estate in this case, to the plaintiff (appointed parties) and the appointed parties.

In the event that the right to collateral security has been transferred and a supplementary registration for the transfer of the right to collateral security has been made, the registration is dependent on the registration of the establishment of the right to collateral security, which is the existing principal registration, and is thus integrated. Therefore, in order to cancel the registration of the establishment of the right to collateral security, the judgment ordering the transferee of the right to collateral security to implement the procedure for the cancellation of the registration of the establishment of the right to collateral security, is not required to obtain a cancellation judgment on the additional registration for the transfer of the right to collateral security, and the revocation judgment on the registration of the establishment of the right

This is the same in the case of application for cancellation of registration of the establishment of a nearby mortgage, which is not based on the judgment, and by the joint application of the assignee of the right to collateral security.

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