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(영문) 수원지방법원 성남지원 2018. 06. 08. 선고 2018가합402358 판결

(무변론판결) 체납자들은 피고에 대하여 소유권이전등기청구권을 가지고 있음에도 불응하고 있는바, 원고는 이를 대위행사할 수 있음[국승]

Title

(Judgment without Oral Proceedings) The delinquent taxpayer does not comply with the claim of ownership transfer registration against the defendant, and the plaintiff is entitled to exercise the right in subrogation.

Summary

(Judgment without Oral Proceedings) Where a seizure is made by the disposition on default based on a final tax claim under the National Tax Collection Act, the State shall acquire the right to collect the seized claim when the seizure takes effect, and where the claims are seized due to the default of national taxes, the creditors or pledgees of the defaulted taxpayer shall lose the lawsuit right to seek the payment of the seized claims and pay

Related statutes

Article 24 of the National Tax Collection Act

Cases

Transfer Registration of Ownership

Plaintiff

AAAA

Defendant

aa

Conclusion of Pleadings

Pleadings without Oral Proceedings

Imposition of Judgment

June 8, 2018

Text

1. The defendant,

(a) with respect to 3/13 shares of the real estate listed in the separate sheet to bB:

(b)with respect to each share of 2/13 in the real estate listed in the separate sheet to CC, D, e, e,ff, g:

In July 27, 1998, each procedure for the registration of transfer of ownership is implemented on the ground of the exchange agreement.

2. The costs of the lawsuit are assessed against the defendant.

Cheong-gu Office

The same shall apply to the order.

Reasons

1. Indication of claim;

Attached Form 3 is as shown in the "Cause of Claim".

2. Applicable provisions;

Articles 208(3)1 and 257 of the Civil Procedure Act (Judgment without holding any pleadings)