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(영문) 울산지방법원 2018.10.11 2017가합25594

체비지등록 명의변경 이행청구의 소

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1. The defendant shall name B on the ledger of land allotted by the authorities in recompense for development outlay regarding one-half shares of each of the development recompense land listed in the attached list.

Reasons

1. Basic facts

A. B, while substantially operating Co., Ltd, Co., Ltd., Ltd., a planning real estate corporation, and Co., Ltd., Ltd., was responsible for corporate tax, business income tax, and wage and salary income tax in arrears as stated in the separate sheet from 2013 to 2015 as the secondary taxpayer pursuant to Article 39 of the Framework Act on National Taxes. From 2015 to 2017, B was in arrears with global income tax and comprehensive real estate tax on its recognized profits, wage and salary income, business income, real estate holding, etc.

B The tax amount of January 2016 was partially reduced due to the objection to the imposition of some corporate tax and global income tax at the competent tax office. However, as of November 24, 2017, the amount of national tax in arrears, such as corporate tax, etc., in B, including additional charges, is the total amount of KRW 8,606,143,460, as shown in the attached Table, including additional charges.

B. Meanwhile, on September 13, 2013, the Defendant, as B and his spouse, purchased shares of each land listed in the separate sheet of land (hereinafter “each of the instant land allotted by the authorities in recompense for development outlay”) located in the urban development zone within the G District Urban Development Project from F Co., Ltd., and around that time, completed the procedure for changing the name of each owner into B and the Defendant from F Co., Ltd., one-half shares of each of the development recompense for development recompense for development outlay.

C. However, in the instant complaint, the Plaintiff expressed his/her intent to terminate the above title trust agreement by subrogation of B on the ground that each of the shares in the Defendant’s name, among the land allotted by the authorities in recompense for development outlay, was trusted in title B, and the duplicate of the complaint was served on the Defendant on January 2, 2018.

At present, the value of active properties owned by B is merely KRW 980,986,626, as shown in the attached property details, except for shares in each of the 1/2 shares in the name of the defendant among the land allotted by the authorities in recompense for development outlay of this case. B is insolvent.

Although the above attached value is most based on the officially assessed individual land price, the officially assessed individual land price is actual.