명의신탁 부동산을 실명등기 아니한 경우 명의수탁자에 대한 압류의 효력[국승]
Seoul Central District Court Decision 2008Na34636 (Law No. 05,07)
Seoul Central District Court 2008Kadan1151 ( September 23, 2008)
Where real estate under title trust is not registered in actual name, the effect of attachment to the title trustee.
A title truster who has been registered under a title trust agreement under the name of another person shall make the actual name registration within one year from the enforcement date of the Real Estate Real Name Act, and if he/she fails to comply therewith, he/she cannot oppose the tax authority that completed the seizure registration of ownership of the title trustee.
The contents of the decision shall be the same as attached.
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
All of the records of this case and the judgment of the court below and the grounds of appeal were examined. However, the argument on the grounds of appeal by the appellant falls under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, all of the appeals are dismissed under Article 5 of the same Act. It is so decided