logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2008. 04. 24. 선고 2007가합1279 판결
원인무효등기에 터잡아 한 압류등기 등의 무효여부[국패]
Title

Whether the registration of seizure, etc., which was based on the registration of invalidity of cause is null and void

Summary

Registration of ownership transfer or seizure, etc. which is based on registration of invalidity of cause, shall be cancelled as registration of invalidity of cause.

Related statutes

Article 35 of the Framework Act on National Taxes

Text

1. The Plaintiff:

A. Defendant ○○○○ Co., Ltd. and Defendant △△△△ Co., Ltd. expressed their intention of each acceptance on the procedure for the registration of cancellation of ownership transfer registration in the name of ○○○○○○○○○○○○○○○○○○○○○○○○○ registry, which was completed under No. 6602, Jun. 21, 1991, with respect to 42,843 square meters of forest land in ○○○○○○○○○○○○

B. Defendant ○○○○ Co., Ltd., the Republic of Korea, Defendant △△△△△, Defendant ○○○, and Defendant ○○○○○○○○, which completed the registration of cancellation of ownership transfer in the name of ○○○○○, which was completed on June 23, 1997 by the receipt No. 8251 on the said real estate, expressed their intention of acceptance.

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

Purport of Claim

The same shall apply to the order.

Reasons

1. Basic facts

A. On December 29, 1969, registration of ownership and registration of ownership in the name of yellow ○○○, No. 7559 on December 29, 1969 as to the real estate mentioned in paragraph (1) of this case (hereinafter referred to as “the forest of this case”) and registration of ownership transfer in the name of yellow ○○, No. 7559 on December 29, 1969

B. Regarding the forest land of this case, ○○○ District Court ○○○○ ○○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ 250 received on March 24, 1997; 3730 received on March 25, 197; 1160 received on August 24, 1998; 1299 received on September 3, 1998; 12750 received on September 12, 1998; 13856 received on October 2, 199; 8525, received on July 6, 199; 2067, the registration of Defendant ○ ○ ○ ○ ○ 2067, received on June 16, 200, respectively, under the name of △△△△△ 2067, received on September 16, 2002.

C. The forest of this case was under the circumstances of Yoo, the Plaintiff’s Ministry of Foreign Affairs, during the Japanese colonial era, and completed registration of preservation of ownership without any cause by Y○○.

D. On May 30, 1963, the forest of this case was inherited to △△△, △, △△, △△, and △△, the wife of the instant case, after △△ died on May 30, 1963, and after Kim○ died on February 12, 1969, the property of △△△ was inherited to △△, △△, and △△△△.

E. On July 16, 1997, yellow ○ succeeded to each of its property by both ○○, his father, son, china, and both △△△△.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

2. Determination on the cause of the claim

The Plaintiff, as an act of preserving jointly-owned property, seeks consent to the registration of cancellation of ownership transfer registration under the above title ○○ and ○○○○○○ name.

On the other hand, registration of ownership transfer in the name of ○○○ in the forest of this case is an invalid registration, and as such, registration of ownership transfer in the name of ○○○○ and ○○○○○○○○○○, Inc., based on which it was based, and registration of ownership transfer in the name of the Defendants’ respective provisional seizures and seizures should be cancelled. Thus, the Defendants are obliged to express their consent to the Plaintiff on the registration of cancellation of ownership transfer registration.

3. Conclusion

Thus, each claim against the Defendants against the Plaintiff is justified, and all of them are accepted.

arrow