beta
(영문) 대법원 2018. 06. 15. 선고 2018다223283 판결

부동산 공유지분의 명의수탁자인 체납자 명의의 소유권이전등기에 대해 이루어진 국가의 압류등기는 유효함[국승]

Case Number of the immediately preceding lawsuit

Daejeon District Court-2017-B-109654 ( October 21, 2018)

Title

The national seizure registration made on the registration of ownership transfer under the name of the trustee of the real estate trustee shall be valid.

Summary

If the registration of co-ownership in the name of the delinquent taxpayer on real estate subject to attachment is made through the title trust based on the will of the truster, the attachment disposition is valid, since the delinquent taxpayer's co-ownership belongs to the public.

Related statutes

Article 24 of the Framework Act on National Taxes

Cases

Supreme Court-2018-C-223283 (Law No. 15, 2018)

Plaintiff

○○○○○○○○○○

Defendant

○○○○ 1

Imposition of Judgment

8.06.15

Text

1. All appeals are dismissed.

2. The costs of appeal are assessed against the Plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the assertion on the grounds of appeal by the appellant constitutes Article 4 of the Act on Special Cases Concerning the Procedure for Appeal, and therefore, all of the appeals are dismissed under Article 5 of the same Act. It is so decided as per