Registration of cancellation of mortgage transfer registration;

Since there is no evidence to acknowledge that the registration of collateral security transfer is void, the request for cancellation is groundless.

Article 24 of the National Tax Collection Act

2017 Mada10040 Agreements, etc.

ARTICLE AAA

Republic of Korea 2 others

2018.04.25

oly 16, 2018

1. All of the plaintiff's claims are dismissed.

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

Cheong-gu Office

Defendant ShipB shall pay KRW 61,082,290 to the Defendant Republic of Korea and OOOO-si by deposit. Defendant Republic of Korea and OO-si shall, with respect to the real estate listed in the attached list, express their consent to the Plaintiff on August 14, 2007 for the procedure for cancellation of the registration of mortgage transfer, which was made by OOOOOOO on the receipt of the attached list.

1. Basic facts

A. The registration of ownership transfer was completed in the name of Defendant BB on July 30, 2004 with respect to the real estate listed in the separate sheet, which was owned by Nonparty BO Co., Ltd. (hereinafter “instant real estate”).

B. Meanwhile, with respect to the instant real estate, Nonparty 2 completed the registration of creation of a collateral security (OOO on March 13, 2006 as the debtor DoD, EE, EF, EF, Defendant PB, the maximum debt amount, 80 million won, and OOOO on March 13, 2006. On August 14, 2007, Nonparty 2 completed the registration of creation of collateral security (hereinafter “the instant registration of collateral security”). The Plaintiff completed the registration of transfer of collateral security (hereinafter “the instant registration of transfer”), with the receiptOOOO on August 14, 2007.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

The Plaintiff’s assertion that the transfer of contract between the Plaintiff and HuCC was made with false representation as of July 30, 2007. Thus, the Plaintiff’s claim as stated in the purport of the claim is invalid. However, there is no evidence to acknowledge that the registration of collateral security transfer in this case was null and void (the Plaintiff submitted a written withdrawal of lawsuit as of April 2, 2018, even if the statement was repeated by the full bench, but the Defendants did not consent thereto) and each of the instant claims based on the premise that the registration of collateral security in this case was made invalid.

3. Conclusion

Therefore, the plaintiff's claim is dismissed in entirety as it is without merit. It is so decided as per Disposition.