Suwon District Court Decision 2012Gadan8074 ( November 08, 2012)

Even if the transfer of shares was made to the title truster after the attachment disposition, the attachment disposition is valid.

If a co-ownership registration under the name of a delinquent taxpayer on real estate subject to attachment was made through a title trust, the co-ownership of the delinquent taxpayer, who is the trustee, shall be deemed to have accrued externally, and thus, the seizure disposition by the State is valid, and even if the transfer registration has been completed to the title truster

2012Na46238 De-registration of seizure

KimAAAA

Korea

Suwon District Court Decision 2012Ra8074 Decided November 8, 2012

May 15, 2013

June 12, 2013

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The judgment of the court of first instance is revoked. The defendant will implement the registration procedure for cancellation of the registration of seizure completed on December 5, 2005, pursuant to the receipt of No. 65175, with respect to the size of 526 square meters in Pyeongtaek-si Ol 000, Pyeongtaek-si, Suwon-si, Suwon-si.

1. Quotation of judgment of the first instance;

This Court's reasoning does not coincide with the reasoning of the judgment of the court of first instance, and cites the reasoning of the judgment in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit, and it is so decided as per Disposition.