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Reasons
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(영문) 대전지방법원천안지원 2016.08.10 2016가단6152
손해배상(기)
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 12, 201, the Defendant registered the establishment of a superficies under the name of the Defendant and the registration of the establishment of a superficies: On October 12, 201, the Defendant completed the registration of the establishment of a neighboring land (Seoul District Court No. 6905, Oct. 12, 201, No. 91,000, the maximum debt amount, B, and the Defendant), the registration of the creation of superficies (No. 6906, Oct. 12, 201, the ASEAN Branch of the Daejeon District Court, the ASEAN Branch of the Daejeon District Court, No. 6906, Oct. 12, 201, the scope of possession of solid buildings or other structures: The entire period of ownership of land or other structures: 30 years from the date of the registration of the establishment; 40 years from the date of the establishment; 40 years from the superficies; and the Defendant).

(hereinafter the above right to collateral security (hereinafter referred to as the “instant right to collateral security”) and the above superficies are referred to as the “instant superficies”).

Around August 2015, the Defendant filed an application for a voluntary auction on the instant land based on the instant collateral security against B, and the Daejeon District Court rendered a voluntary decision to commence the auction on August 17, 2015. The said auction procedure was conducted and sold to E on March 17, 2016, and both the registration of creation of a mortgage and the registration of creation of a superficies under the Defendant’s name was cancelled due to the said sale. 2) Meanwhile, in the process of the said voluntary auction application or auction, the Defendant posted a serial card on the instant land stating “The above land trees, etc. are secured by the Song AFFFFFFF, and thus, a criminal lawsuit is filed at the time of arbitrary damage.”

C. On May 20, 2015, the Plaintiff purchased KRW 100,000 from F for 15,00,000 on the instant land (hereinafter “instant purchase”) and paid the full purchase price to F on May 20, 2015 to F.

At the time of the sale of this case, the Plaintiff and F shall mine up to 100 gress from the land of this case.

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