토지와 근저당권을 양수하여 경매를 신청한 경우 실질은 미등기 양도에 해당됨[국승]
Daejeon District Court 2010Guhap629 ( October 18, 2010)
Review Transfer 2009-0200 ( November 18, 2009)
In case of applying for auction by acquiring the land and the right to collateral security, the substance is the unregistered transfer.
If a successful bidder receives a successful bid price by applying for an auction without completing the registration of transfer of ownership by taking over the land as well as the right to collateral security established on the land, it constitutes a transfer unregistered.
1. The plaintiff's appeal is dismissed.
2. Costs of appeal shall be borne by the Plaintiff.
The judgment of the first instance shall be revoked. The defendant's imposition of capital gains tax of KRW 220,846,160 against the plaintiff on February 2, 2009 shall be revoked.
1. Quotation of judgments of the first instance;
The reasoning for the court's reasoning for this case is that the portion of the first instance court's first instance court's first instance court's first instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's order transfer of ownership to the plaintiff. However, the plaintiff's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's judgment's second instance court's second instance court's second instance court's judgment's second instance court's second instance court's judgment's second instance court's second instance court's judgment's second instance court's conclusion that the plaintiff's second instance court's payment was paid to both parties.
2. Consultations
Therefore, the judgment of the first instance court is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.