매매잔금을 지급하였다고 볼 자료가 없으므로 소유권이전청구권가등기 말소에 동의하여야 함[국패]
Since there is no evidence that the balance of sale has been paid, it is necessary to agree with the cancellation of the provisional registration of ownership transfer claim.
Inasmuch as there is no evidence to deem that the sales balance was paid, all rights such as the right to claim ownership transfer pursuant to the trade reservation should be deemed to have been waived.
Article 24 of the National Tax Collection Act
2015 group 47437 Provisional registration cancellation, etc.
AA
CCC, Korea
December 2, 2015
December 4, 2015
1. The Plaintiff:
A. Defendant CCC implements the procedure for cancellation registration of the provisional registration of the right to claim transfer of ownership, which was completed on October 0, 2006 by the receipt No. 00000 on the apartment as indicated in the separate sheet, with regard to the apartment as indicated in the separate sheet.
B. The defendant Republic of Korea will express his/her intention to accept the registration of cancellation of the provisional right to claim ownership transfer mentioned in paragraph (1).
2. The costs of lawsuit are assessed against the Defendants.
The same shall apply to the order.
1. Facts of recognition;
A. On October 0, 2006, the Plaintiff entered into a trade promise with Defendant CCC to sell apartment units listed in the separate sheet for KRW 000,000,000,000. At the same time, the Plaintiff received 00,000,000 as the pre-contract deposit money from Defendant CCC, and at the same time completed the provisional registration of the right to claim ownership transfer on the ground of the pre-contract with Defendant CCC.
B. After the completion of the pre-sale agreement after the lapse of October 0, 2006 pursuant to the above pre-sale agreement, Defendant CCC agreed to waive all rights arising from the sale and purchase agreement in the event that the remainder is not paid by October 00, 2007 between the Plaintiff and the Plaintiff on October 00, 2007.
C. On October 0, 2011, Defendant Korea seized Defendant CCC’s right to claim ownership transfer due to the disposition on default of national taxes, and completed the additional registration of seizure against Defendant CCC’s right to claim ownership transfer on October 0, 201.
[Ground of recognition] Evidence No. 1 to Gap evidence No. 4 and the purport of the whole pleadings
2. Determination
A. Inasmuch as there is no evidence suggesting that Defendant CCC paid the remaining purchase and sale amount by October 00, 2007, Defendant CCC should be deemed to have renounced all rights, such as the right to claim ownership transfer pursuant to the trade reservation pursuant to the above agreement. As such, the provisional registration of the right to claim ownership transfer pursuant to the trade reservation made in the name of Defendant CCC is invalid.
B. Therefore, Defendant CCC is obligated to implement the procedure for the cancellation registration of the provisional registration of the right to claim ownership transfer, and the Defendant Republic of Korea, who seized the right to claim ownership transfer extinguished and completed the additional registration, has the duty of substantive law to accept the procedure for cancellation registration of the Plaintiff, who is the person entitled to registration.
3. Conclusion
Therefore, all of the plaintiff's claims against the defendants are accepted.