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(영문) 서울중앙지방법원 2018. 05. 14. 선고 2017가단5199379 판결
원인 무효인 지분등기에 터잡아 압류등기를 마친 등기는 말소등기 승낙의 의무가 있음[국패]
Title

There is a duty to accept the registration of cancellation because the registration of seizure is completed based on the registration of invalid shares.

Summary

Defendant O* et al., all of the registrations of equity in this case are invalid and void, and Defendant Republic of Korea, the third party to whom the seizure registration was completed by means of the registration of equity in this case, has a duty to accept the cancellation registration of this case due to invalidation of cause.

Related statutes

Article 24 of the National Tax Collection Act

Cases

2017 Ghana 5199379 Registration for Cancellation of Ownership

Plaintiff

Korea*

Defendant

Korea

Conclusion of Pleadings

April 10, 2018

Imposition of Judgment

May 15, 2018

Text

1. The Plaintiff’s real estate Nos. 1 in the separate sheet

(a) As to the shares 119.25 percent ** as to the shares of Defendant 1*:

B. As to each share of 79.5/2067 by Defendant Han A, HanB, HanCC, and HanD

The Seoul Central District Court shall implement the procedure for registration of cancellation of ownership transfer registration completed on December 28, 2016 by the Seoul Central District Court Registry No. 27426;

C. The defendant ○○ City expressed his intention of acceptance on each of the above registrations of cancellation.

2. The Plaintiff’s real estate Nos. 2 and 5 in the separate sheet

A. As to the share of 3/13, defendant O*

B. As to each share of 2/13 of the defendant Han AA, HanB, HanCC, and HanD

The Seoul Central District Court shall implement the procedure for registration of cancellation of ownership transfer registration completed on December 28, 2016 by the Seoul Central District Court Registry No. 27426;

C. Defendant ○○ and Defendant Republic of Korea have expressed their intent to accept each of the above registrations of cancellation.

(d)

3. The costs of lawsuit shall be borne by the Defendants.

Cheong-gu Office

The same shall apply to the order.

Reasons

1. Basic facts

A. Of the real estate listed in the separate sheet, Nos. 39.75 and Nos. 2, 1159 among the real estate listed in the separate sheet, were owned by the deceased Mari-do. On May 13, 2016, Mari-gu died and was the wife* Defendant Korea-AA, KoreaB, KoreaCC, Korea-D and the Plaintiff jointly succeeded to each of the above real estate.

B. Since May 13, 2016, the registration of ownership transfer (hereinafter referred to as "registration of this case") of each share was completed in the future as described in paragraphs (1) and (2) of the order with respect to Nos. 1 and 2 real estate on the grounds of inheritance on May 13, 2016.

C. Meanwhile, Defendant O*, Han-A, HanB, Han-B, HanCC, and HanD (hereinafter “Defendant O*”) reported to the Seoul Family Court that renounced the inheritance of the said heir’s property. On January 5, 2017, the said court rendered a ruling to accept the said inheritor’s report on the renunciation of inheritance.

D. However, on January 31, 2017, Defendant ○○○○○○ completed each seizure registration as a result of the disposition on default on the shares of each Defendant HanB among the real estate Nos. 1 and 2 listed in the separate sheet No. 2, and Defendant Republic of Korea completed the seizure registration as a result of the disposition on default on the shares of HanB among the real estate No. 2 on March 10, 2017.

[Grounds for recognition] Gap 1-3 each entry (including paper numbers), the purport of the whole pleading

2. Determination

Defendant *, etc., as a retroactive effect following the renunciation of inheritance as above **, etc., was deemed to have never been the heir of the first place, and the share in inheritance belongs to the Plaintiff, a co-inheritors, who is the same rank. Accordingly, each of the registrations of shares, such as Defendant *, etc., as recorded in the separate sheet, should be cancelled as the invalidity of cause is invalid. Defendant ○○-si, the third party, the third party, who had the interest in the seizure registration, based on the above null and void registration, is obligated to accept each of the registrations of this case due to the invalidation of cause. Defendant *, Korea, Korea, Korea, and Korea are obligated to accept each of the registrations of this case as to the cancellation of the registration of this case due to invalidation of cause. *

Presumed Judgment (Article 208(3)2 of the Civil Procedure Act)

3. Conclusion

Thus, the plaintiff's claim against the defendants is accepted on the grounds of all.

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