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(영문) 수원지방법원 2015. 07. 03. 선고 2015가단108655 판결

가등기 말소[국승]

Title

Cancellation of Provisional Registration

Summary

The right to complete the above purchase and sale reservation has expired after the lapse of the exclusion period from March 20, 2008, which was ten years from March 20, 1998, the above reservation date.

Related statutes

Article 35 of the National Tax Collection Act (Effect of Disposition on Default on Property Attached or Disposed)

Cases

2015 termination of provisional registration 108655

Plaintiff and appellant

Korea

Defendant, Appellant

**

Text

1. The defendant has jurisdiction over the Suwon District Court regarding each real estate listed in the separate sheet to the non-party AA

The original registry office of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch.

The registration procedures shall be implemented.

2. The costs of the lawsuit are assessed against the defendant.

Cheong-gu Office

The same shall apply to the order.

Reasons

1. Indication of claim;

The reasons for the attached Form shall be as shown in the attached Form.

2. Judgment without holding any pleadings;

Action for the cancellation registration of provisional registration due to the expiration of the exclusion period

Cheong-gu Office

1. The defendant will implement the procedure for registration of cancellation of the provisional registration of the right to claim transfer of ownership completed on March 20, 1998 by the receipt No. 23046 for the real estate stated in the attached list to the plaintiff.

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

I request a judgment of "."

Cheongwon of the Gu

1. The details of the amount of delinquent taxes that the Plaintiff seized on the real estate listed in the attached list, which is the property owned by Nonparty AA (U.S. District Court Branch of Kuwon District Court (S. 58989, Jul. 15, 1998) are as follows.

Details of the amount of delinquent local taxes related to seizure (the date of receipt of the complaint)

Record date: February 16, 2015)

(unit: Won)

Items Code

Management Number

(1)year period portion;

Internal Tax

Agricultural and Fishing Villages

Special Taxation

Jinay

List of Tax Items

Deadline for payment

guidance.

Education Tax

Additional Dues

19803-6-22

Transfer Income Tax

00017

March 31, 1998

Occasional Notice

40,696,330

23,090,000

0

0

17,606,330

19807-6-22

Transfer Income Tax

0015

July 31, 1998

Occasional Notice

50,301,720

29,416,620

0

0

20,885,100

Total

7 Cases

90,998,050

52,506,620

0

0

38,491,430

2. In the unilateral promise for sale, the right which would make the other party of the pre-sale effective by expressing his/her intention of completion of the pre-sale; that is, the right to conclude the pre-sale is a kind of right to form and exercise within a certain period if the parties have agreed on the exercise period; and if there is no such an agreement, within 10 years after the establishment of the pre-sale; and when the period expires, the right to conclude the pre-sale shall expire after the lapse of the exclusion period (see Supreme Court Decision 2000Da26425, Jan. 10, 2003).

A. On March 17, 1998, Non-party AA entered into a pre-sale agreement with the defendant Lee Young-young on the real estate stated in the separate sheet, and completed the provisional registration of the right to claim transfer of ownership on March 20, 1998, which was based on the pre-sale agreement.

B. The right to make a full resolution of the above sale has expired after the lapse of the period of exclusion on March 20, 2008, which was ten years from March 20, 1998, which was the date of the above reservation.

C. Therefore, the provisional registration of the defendant's claim for transfer of ownership by the trade promise No. 23046 of the receipt on March 20, 1998 should be cancelled for the real estate listed in the separate sheet.

D. The defendant is currently in excess of obligations as follows:

Gu Sector

Property in possession

Land Category

Area

Equity Holdings

Active Property

Petty Property

guidance.

142,49,260

5,963,321,660

Real estate

Magnam Magnam Magsan 4-2

Forest land

1,488

60,859,200

Magnam Mag-1 Magsan City 7-1

Forest land

5,950

3/9

81,316,660

Suwon Line 146-7 Suwon Line 146-7

alternative:

7

3/9

323,400

Suwon 129-6, among Suwon Cals

Roads

86

3/9

No officially announced value

Suwon 129-5 of Suwon Cals

Roads

7

3/9

No officially announced value

§ 50 Tax

Sector: Three Offices Other than the Head of the City Tax Office;

5,963,321,660

(unit: Shall not be a unit;

3. The plaintiff, as a tax claim of the non-party AA, filed the instant lawsuit in order to seek a judgment, such as the written claim in subrogation of the non-party AA.

Admission and Proof of Law

1. The Gap evidence No. 1 and the full certificate (attached list real estate);

1. The certified copy and abstract of subparagraph 2 of this Article;

1. A certificate and land register (attached list real estate) under subparagraph 3;

(Indication of Land)

1. Mag-dong, Magnam-si, Magnam-si, Gyeonggi-do;

1,488 square meters for forest land

2. Mountain 7-1, dong-dong, Magnam-gu, Magnam-si, Gyeonggi-do.

5,950 square meters for forest land

AA 3/9 of equity in AA 3

- - Of cotton - Other

The basis for calculating the value of an object;

(unit: source)

Location

Classification

Evaluation Criteria

Values

Ratio

(1)

Ga Ga

Gyeonggi-do Magnam-si, Magnam-si, Magsan 4-2

Forest land

Individual Land Price

60,859,200*1)

30

18,257,760

7-1 (3/9 shares) Dong-dong, Seongbuk-gu, Seongbuk-gu, Sungnam-do.

Forest land

Individual Land Price

81,316,60*2)

24,394,90

(1) The real estate price.

42,652,750

(2) The amount of tax credits in arrears.

90,998,050

(1) The lesser of the value of the immovable property(1) and the amount of tax claims(2)

42,652,750

*1) The appraised value =40,90 won X 1,488㎡ = 60,859,200 won

*2) 평가액 =41,000원X 5,950㎡X 3/9 = 81,316,660원

Special Cases on the Provision of Stamps or Deposits

Article 1 Purpose

Notwithstanding the provisions of the Civil Procedure Act and the Act on the Stamps Attached for Civil Litigation, Etc., the purpose of this Act is to prescribe special cases concerning the attachment of stamps and the offering of deposits in lawsuits and administrative litigations to which the State is a party. (No. 21, 2009 amended on October 21, 2009)

Article 2. Not Affixing Stamps

No revenue stamp under the Act on the Stamps for Civil Litigation, Etc. shall be affixed to the procedures of litigation and administrative litigation to which the State is a party. (No. 21, 209)

3.Non-deposit

The State shall not make any deposit under the Civil Procedure Act in performing any lawsuit or administrative litigation to which the State is a party. (O. 21, 2009)