부작위위법확인
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. B Co., Ltd. (hereinafter “B”) concluded a sales contract to purchase each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) between C and two persons on March 2, 2017, with the purchase price of KRW 930,1500,000. As to each of the instant lands, each of the instant lands was completed on May 1, 2017.
B. B entered into an agreement with D on April 28, 2017, stating that “In order to secure the payment of the borrowed amount by borrowing KRW 500 million from D Co., Ltd. (hereinafter “D”), D shall complete a provisional registration of purchase and sale reservation for each land of this case, and in the event that B fails to repay the borrowed amount by May 27, 2017, it shall transfer the ownership of the said provisional registration to a third party designated by D without any condition.”
Pursuant to the agreement, D completed the provisional registration of each of the instant lands on May 1, 2017, on the ground of the pre-contract for sale as of April 28, 2017, as to each of the instant lands, D has completed the provisional registration of each of the instant provisional registrations (hereinafter “each of the instant provisional registrations”).
C. B defaulted with national taxes of KRW 699,449,460, which is the statutory date of March 31, 2017, and the Defendant attached each of the instant lands as indicated in the separate sheet on July 4, 2017.
(hereinafter “each seizure of this case”). D.
On the other hand, D, on September 22, 2017, failed to repay the borrowed amount, transferred the right to each of the instant provisional registrations (right to claim ownership transfer) to the Plaintiff. On the same day, the Plaintiff completed the registration of ownership transfer for each of the instant lands on the basis of the provisional registration of this case.
E. As above, on September 27, 2017, the Cheongju District District Court Audio Registry, etc., which completed the principal registration based on each of the instant provisional registrations, notified the Defendant of each of the instant attachment registrations as subject to ex officio revocation.
Accordingly, the defendant on October 18, 2017 each of the instant cases.