Claim for cancellation of provisional registration of claim for transfer of ownership, the exclusion period of which expires

The exclusion period of the right to the provisional registration of the right to claim a transfer of ownership is ten years from the time when the reservation is made, and the right to complete the reservation is extinguished because the period has elapsed. It is legitimate to implement the procedures for the provisional registration cancellation.

§ 404. Creditor's right of subrogation

§ 564. One-way promise for sale under the Civil Code

Seoul Eastern District Court 2017Kadan139221 Cancellation of provisional registration

Korea

KimA

Pleadings without Oral Proceedings

January 24, 2018

1. The defendant will implement the procedure for cancellation registration of the registration of the right to claim transfer of ownership, which was completed by ○○ District Court ○○○○ Branch ○○○○ on March 16, 199, with respect to the real estate stated in the attached Form, to Nonparty B.

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

Cheong-gu Office

The same shall apply to the order.

1. Indication of claim;

The reasons for the attached Form shall be as shown in the attached Form.

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

Cheongwon of the Gu

1. Relationship between parties;

The plaintiff has a tax claim against the non-party 1B (hereinafter referred to as "leB"), and the defendant KimA (hereinafter referred to as "the defendant") made a provisional registration on the real estate stated in the attached Form No. 5011 on Mar. 16, 1999 as the receipt on Mar. 16, 199. (No. 1, No. 2)

2. Existence of the preserved claim;

The plaintiff seized the real estate listed in the attached Form to collect the delinquent amount of leB, and the national taxes related thereto are as listed in the following table 1: (A)

Table 1 Non-Party 1’s arrears (based on October 19, 2017) (Omission)

3. Expiration of the exclusion period;

In the unilateral promise for sale, the right which would become effective as a result of the other party’s expressing his/her intention of completion of the subscription for sale, i.e., the right to conclude the subscription for sale and purchase, if it is a sort of right to form and exercise period between the parties, within such period, and if not, within 10 years from the time when the subscription is made, it shall be exercised, and when such period expires, the right to conclude the subscription shall be extinguished upon the lapse of the exclusion period (Supreme Court Decision 2000Da26425 Decided January 10, 203).

4. Insolvent of a debtor;

As of the date of the lawsuit, the active property of leB is xx as shown in Table 2 below, but the provisional registration of the right to claim ownership transfer based on the purchase and sale promise has been established on the real estate listed in the attached sheet, so it is virtually impossible to repay the debt through compulsory execution.On the other hand, the passive property of leB is up to xx members as listed in Table 2 below, and the leB ultimately is in the state of insolvency in excess of the active property as of the date of the lawsuit (No. 1 evidence, No. 2 evidence).

The affirmative and negative property (Omission) of the delinquent leB as of the 2nd day of the filing of the complaint

5. Exercise of rights by the defaulted taxpayer and exercise of rights by subrogation.

A. On March 15, 1999, leB entered into a pre-sale agreement with the Defendant with respect to the real estate listed in the separate sheet and completed the registration of the right to claim ownership transfer on March 16, 199.

B. The registration of the right to claim ownership transfer under Paragraph (a) above has already ceased to have the right to complete the purchase agreement after the expiration of the exclusion period because the defendant did not exercise the right to complete the sale agreement, so the defendant has the obligation to cancel the registration of the right to claim ownership transfer on the real estate in the

C. As above, leB, a delinquent taxpayer, did not pay the Plaintiff the amount in arrears with xB, and leB did not exercise the right to claim the cancellation of ownership transfer against the Defendant following the lapse of the exclusion period of the registration. Therefore, the Plaintiff would have to exercise in subrogation the delinquent taxpayer’s right to preserve the tax claim against leB.

6. Conclusion

For the above reasons, the registration of the right to claim ownership transfer by the defendant's reservation for sale of the attached real estate shall be cancelled at the expiration of the exclusion period. The plaintiff has a tax claim against the leB, and the leB does not exercise the right to claim the cancellation of the provisional registration of the right to claim ownership transfer registration against the defendant, and the plaintiff has filed the lawsuit in this case to implement the cancellation registration of the provisional registration of the right to claim ownership transfer registration of the attached real estate, such as the purport of the claim,