beta
(영문) 서울동부지방법원 2016.11.18 2016가단21668

소유권이전등기말소 등

Text

1. The plaintiff's action against the defendant is dismissed.

2. Defendant B shall be the Plaintiff at the time of Sejong-si 278 square meters.

Reasons

Basic Facts

D on December 28, 1987, purchased CJ 278 square meters (hereinafter “instant land”) in Sejong-si, Sejong-si, and completed the registration of ownership transfer on December 29, 1987.

D on April 6, 2009, sold the instant land to Defendant B, and the Daejeon District Court completed the registration of ownership transfer as the receipt No. 6386 on April 7, 2009.

[Grounds for recognition] The descriptions in Gap, Eul, Eul, Eul, and two, and the purport of the whole pleadings.

Plaintiff’s assertion

The plaintiff asserts as follows as the cause of the claim of this case.

The Plaintiff acquired the ownership of the instant land by obtaining a successful bid of KRW 3.22 million on January 22, 2003 in the public sale procedure for the instant land conducted by the head of North Incheon District Tax Office and paying the sale price in full around that time.

The Plaintiff asserts that the transfer registration of ownership on the land of this case completed in the future of Defendant B was completed on the ground of a sales contract with D, an unentitled person, and that it is null and void, and accordingly, Defendant B seeks to implement the procedure for cancellation registration of ownership transfer registration.

In addition, the Plaintiff asserts that he acquired the instant land through the public auction on January 22, 2013, and sought implementation of the transfer of ownership registration procedure based on the said public auction procedure against the Defendant, a seller in the said public auction procedure, to the Republic of Korea.

Judgment

In full view of Gap 2-6's written statements and the purport of the entire pleadings as to the claim against defendant B, the director of the tax office in the North Incheon District Office conducted a public auction procedure as to the land of this case (the lot number was C around that time), and the head of the tax office shall issue the purchaser a notice of notice of notice of decision to sell by setting the deadline for payment of purchase price when he/she decided to sell the land, pursuant to Article 75 (1) of the former National Tax Collection Act (amended by Act No. 7004 of Dec. 30, 2003), and Article 75 (1) of the former National Tax Collection Act (amended by Act No. 7004 of Dec. 30, 2003).