Title
If it is proved that the secured debt does not exist even though the seizure of the secured debt is registered, the seizure registrant must accept it.
Summary
If it is proved that the secured debt does not exist even though the seizure of the secured debt was registered, the Republic of Korea should accept the registration of cancellation of the secured debt.
Related statutes
Article 24 of the National Tax Collection Act
Cases
2016da124465 Registration of cancellation of the right to collateral security, etc.
Plaintiff
1. RedA;
Defendant
1. BB;
2. Korea;
Conclusion of Pleadings
on 19, 2010
Imposition of Judgment
on October 017, 2010
Text
1. The Plaintiff:
A. Defendant BB performed the procedure for the cancellation of registration of the establishment registration of a neighboring mortgage completed under No. 20256 of the receipt on June 25, 2003 with respect to the area of 238-1, 331 square meters in Eup/Myeon-dong, Si, Seojin-si, Daejeon District Court.
B. Defendant Republic of Korea expressed its intention of acceptance on the registration of cancellation of the registration of the establishment of a neighboring mortgage as stated in the above A.
2. The costs of lawsuit shall be borne by each person;
Cheong-gu Office
Text
Paragraph (1) shall apply.
Reasons
1. Claim against Defendant BB
(a) Description of the claim;
The reasons for the attached Form shall be as shown in the attached Form.
(b) Judgment by public notice (Article 208 (3) 3 of the Civil Act);
2. Claim against Defendant Republic of Korea
There is no dispute between the parties as to the facts of the argument in the attached form of the claim, and the defendant
The State shall have an interest in the registration of the cancellation of the registration of the establishment of a mortgage near the place mentioned in paragraph (1) of this Article.
The third party has a duty to express his/her consent.
3. Conclusion
If so, the plaintiff's claim of this case is justified, and it is decided to accept it.
shall be determined as above.