[제3자이의청구사건][하집1984(1),255]
Where ownership is acquired through the public auction by the disposition on default, whether attachment registration, entry registration, etc. existing on the target real estate is extinguished.
Where real estate is seized through a disposition on default under the National Tax Collection Act and a public sale procedure is conducted, the purchaser acquires the ownership of the property to be sold at the time of payment of the purchase price (Article 77 of the National Tax Collection Act). In such a case, the limited real right of the previous mortgage, etc. on the real estate sold, or the registration of attachment, etc. under a separate disposition on default, which is conducted for compulsory execution on the real estate shall expire
Articles 61 and 77(1) of the National Tax Collection Act
Sovereigns
Seoul Metropolitan Government
The defendant filed against the plaintiff on March 2, 1983, receipt No. 28988 of receipt on March 2, 1983, receipt of No. 57051 of receipt on July 8, 197, and registration of seizure due to a disposition on default on July 7, 197, No. 28988 of receipt of the above registration office on the same day of receipt of the above registration office on the real estate stated in the attached No. 2 List No. 28988 of receipt of the above registration office on July 8, 197, and registration of seizure due to a disposition on default on July 7, 197, No. 28988 of receipt of the above registration office on the real estate listed in the attached List No. 3 List as of the same day of receipt of the above registration office on July 8, 197, and the procedure for registration of cancellation due to a disposition on default on July 7, 1977.
Litigation costs shall be borne by the defendant.
The same shall apply to the order.
5. The above-mentioned real estate registration No. 1 is presumed to have been made by the 1, 2, 3-1, 4-10, 11-2, 15-2, 17 of the above-mentioned No. 97. The above-mentioned real estate registration No. 97. The above-mentioned real estate registration No. 1 is presumed to have been made by the 1, 5-2, 18-2, 17, 17-2, 9-7, 9-7, 9-7, 9-7, 9-7, 9-7, 9-7, 9-7, 9-7, 9-7, 9-7, 9-7, 9-7, 9-7, 9-1, 9-7, 9-7, 9-1, 9-7, 9-7, 9-1, 9-7, 9-1, 7, and 9-1, respectively.
However, in case where the real estate is seized through the disposition on default under the National Tax Collection Act and the real estate is sold after the procedure for the public sale is conducted, the purchaser acquires the ownership of the property at the time of the payment of the purchase price (Article 77 of the National Tax Collection Act), the purchaser shall cancel the registration of the entry, etc. conducted for compulsory execution against the real estate such as the previous mortgage, etc., which existed on the sold real estate, unless there are special circumstances (However, apart from the creditors' participation in the public sale procedure, it is reasonable to view that the purchaser acquires the complete ownership in light of the legal nature of the public sale under the National Tax Collection Act. Accordingly, according to the above facts of recognition, as long as the non-party Park Jong-ok purchased the above real estate in the public sale procedure and paid the price in full, each registration of the above seizure under
Therefore, all of the registration of seizure or restoration of the defendant's name in the order entry of the above attached list should be cancelled. Thus, the plaintiff's claim of this case seeking cancellation of each objection on the premise that the plaintiff purchased the above real estate again from the public official form of the non-party who purchased the above real estate to the above Park Jong-dae who purchased it, is justified, and all of the claims of this case are accepted, and the litigation costs are assessed against the defendant as the losing party.
Judges Jeong Tae-ju (Presiding Judge)