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(영문) 수원지방법원 2015.08.12 2014가단39202
소유권보존등기말소 등
Text

1. As to the real estate stated in the separate sheet to the plaintiffs:

A. Defendant C is the Suwon District Court’s Sungsung registry office on March 2008.

Reasons

1. Basic facts

A. Defendant C filed a lawsuit against Nonparty C, who was the title holder of the instant real estate at the time, on April 11, 2006, demanding cancellation of the registration of ownership preservation under the Seoul Central District Court Decision 2004Gadan230824, on the ground that Defendant C was under circumstances by Nonparty G, who was the land prior to the partition of the real estate listed in the separate sheet (hereinafter “instant real estate”). The said judgment became final and conclusive.

B. Since then, Defendant D asserted that he occupied the instant real estate for not less than 20 years and completed the prescriptive acquisition on October 23, 2002. Defendant C filed a lawsuit claiming ownership transfer registration with the Suwon District Court 2006Kadan49013 and won the judgment on December 26, 2007, and the above judgment became final and conclusive.

C. Defendant D completed the registration of preservation of ownership on March 24, 2008 by the Sungwon District Court, the Sungsung District Court, Law No. 39525, which was received on March 24, 2008, and the above B.

According to the judgment of the court on October 23, 2002, the registration of ownership transfer is completed in its name by the receipt No. 39526 of Mar. 24, 2008 on the ground of the acquisition by prescription.

Since then, the instant real estate was sold to Defendant E during the voluntary auction procedure requested by the Industrial Bank of Korea, which is a collateral security right, and the registration of transfer of ownership in the name of Defendant E was completed on May 9, 2012 by the Suwon District Court Seosung Branch Office No. 65188.

E. Defendant E, based on the contract to establish a contract on May 9, 2012, completed the registration of the establishment of a neighboring mortgage and the creation of superficies on May 9, 2012 by the Suwon-gun Fisheries Cooperatives, Suwon District Court No. 65189 and No. 65190, respectively.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3, and 14, the purport of the whole pleadings

2. In full view of Gap evidence Nos. 2, 4 through 13, and 15 through 17 (including paper numbers) as to the cause of the claim, and the purport of this court's reply to the inquiry of the fact-finding in the light of the whole purport of the pleadings.

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