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(영문) 대법원 2017. 11. 09. 선고 2017다252574 판결

가장매매예약을 원인으로 한 이 사건 가등기의 말소등기절차를 이행할 의무가 있다.[국승]

Title

The provisional registration of this case is obligated to implement the procedure of cancellation registration due to the most pre-sale reservation.

Summary

At the time of provisional registration, the defendant and Leeo have a duty to implement the procedure of cancellation registration of the provisional registration of this case, which was based on the most pre-sale promise after the completion of ownership transfer registration of this case, without completing the principal registration based on the provisional registration, and around three months after the provisional registration, only four months after the notification of transfer income tax.

Related statutes

Article 30 of the National Tax Collection Act: Revocation and Restoration of Fraudulent Act

Cases

2017Da252574 (Mains) Provisional Registration and Cancellation, 2017Da252581 (Counterclaim) Damage

Plaintiff-Appellant

Korea

Defendant-Appellee

KoreaA

Judgment of the lower court

2017Na52748, 2017Na52755 (Counterclaim)

Imposition of Judgment

November 09, 2017

Reasons

Examining the judgment of the court below and the grounds of appeal, the ground of appeal by appellant is examined.

Since the grounds under each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents are not included in the grounds under each subparagraph of paragraph (3) or are deemed to fall under each subparagraph of paragraph (3), the appeal is dismissed under Article 5 of the same Act.