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(영문) 의정부지방법원 2017.04.12 2016가단35215
가등기설정등기말소
Text

1. As to the real estate stated in the attached list to the Plaintiff, Defendant B’s original registry office of the District Court on July 17, 2013.

Reasons

1. On March 21, 2011, the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff regarding the buildings listed in the separate sheet (hereinafter “instant building”) on March 21, 201.

On July 17, 2013, Defendant B completed the provisional registration of the right to claim ownership transfer on July 17, 2013 (hereinafter “the provisional registration of this case”) issued on July 17, 2013 with the Kug Government District Court’s registration office No. 7185, which was received on July 17, 2013.

As Defendant B failed to pay capital gains tax of KRW 7,52,700 (the above amount is the principal tax, and the additional dues are separate), the director of the tax office having jurisdiction over the Defendant’s agency seizes the right to claim ownership transfer of the instant building that was preserved as the provisional registration of this case on October 16, 2013, and completed the attachment registration (hereinafter “instant Category A registration”) under the receipt of No. 9779 on October 21, 2013 by the Jung-gu District Court registry office of the Republic of Korea.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 3-1, the purport of the whole pleadings

2. The determination of the claim against the Defendant B and the Defendant B pretended to make a trade reservation (hereinafter referred to as the “instant trade reservation”) by their conspiracy with the Plaintiff and the Defendant without any cause, including the trade reservation, the security contract, and any other cause, and the fact that the instant provisional registration was completed on the ground of such collusion with the Plaintiff and the Defendant B for convenience does not conflict between the parties.

According to the above facts, since the provisional registration of this case is registration of invalidity of cause, Defendant B is obligated to implement the cancellation registration procedure of the provisional registration of this case to the Plaintiff.

2. Determination on the claim against Defendant Republic of Korea

A. The gist of the Plaintiff’s assertion is that the provisional registration of this case is the registration of invalidity of cause, which was completed based on the following: (a) the Plaintiff and the Defendant B conspired with each other without any cause; and (b) the pre-sale

Therefore, this case's right to claim ownership transfer preserved by the provisional registration of this case.

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