Title
Provisional registration of the right to claim the transfer of ownership under a trade reservation, the extinctive prescription of which has been completed after ten years from the date of the contract shall be cancelled.
Summary
Where the parties have agreed to exercise the period, they shall exercise the rights within such period, if any, within ten years from the time when the reservation is made, and when such period has elapsed, the rights to complete the reservation shall expire upon the lapse of the period of exclusion.
Related statutes
Article 35 of the National Tax Collection Act (hereinafter "National Tax Collection Act") shall have effect on the provisional attachment or disposal property.
Cases
Cancellation of provisional registration of 2016 Ghana 114745 for the Busan District Court's Busan District Court's 2016 District Court
Plaintiff
Korea
Defendant
EO
Conclusion of Pleadings
oly 201.18
Imposition of Judgment
February 1, 2017
Text
1. The defendant will implement the procedure for the cancellation of provisional registration of the right to claim the transfer registration of ownership completed on June 13, 1998 by the receipt No. 18076 for the real estate stated in the attached list to the plaintiff.
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 claims: To be as shown in attached Form of claims;
2. Judgment made by deemed confession: Article 208 (3) 2 of the Civil Procedure Act.
Grounds of Claim
1. The details of the delinquent amount that the Plaintiff seized on the real estate listed in the attached list, which is the non-party O property owned by the non-party O, are as follows (see, e.g., Seoul District Court Decision 2003, Incheon District Court Decision 55941, Oct. 29, 2004) (see, e.g., Full Certificate of No. 1 and Evidence No. 2).
Details of delinquent amount related to attachment (base date: September 12, 2016)
(unit: source)
List of Tax Items
Year
Tax amount payable
Notice Tax Amount
Amount of delinquent tax
Jinay
Global Income Tax
201
September 30, 2004
187,601,730
328,302,980
Transfer Income Tax
206
February 29, 2008
10,59,390
18,548,770
Transfer Income Tax
2007
December 31, 2009
687,060
707.670
Total
3 Cases
198,888,180
347,559,420
2. The right which shall become effective as a result of the other party's declaration of intention of completion of the trade reservation in the unilateral promise for sale, that is, the right to conclude the trade reservation is a kind of right to form and exercise period as a right to form and, if not, within such period of exercise, within 10 years from the time when the reservation is made, and the right to conclude the reservation shall be extinguished upon the lapse of the exclusion period (see Supreme Court Decision 2000Da26425, Jan. 10, 2003).
A. On June 8, 1998, Nonparty O entered into a pre-sale agreement with Defendant △△ on the real estate listed in the separate sheet with Defendant △△△ on June 13, 1998, and completed provisional registration on June 13, 1998, on the ground of the pre-sale agreement, Defendant △△△△△△△△△ for the preservation of ownership transfer claim (see, e.g.,
B. The right to make a full resolution of the above sale has expired on June 8, 2008, which was ten years from June 8, 1998, which was the date of the above reservation, and the limitation period has expired (see, e.g., the entire certificate of registration No. 1).
C. Therefore, the provisional registration of the defendant's right to claim the transfer of ownership on June 13, 1998 by the sale reservation No. 18076 of the receipt of June 13, 1998 as to the real estate stated in the attached list should be cancelled (see, e.g., the entire certificate of registration No. 1).
3. The plaintiff, as a tax claim of the non-partyO, filed the instant lawsuit in order to seek a judgment, such as the written claim in subrogation of the non-partyO.