The expiration date of the exclusion period of the provisional registration for sale shall be ten years from the date of reservation.

The provisional registration with the exclusion period of 10 years for the purchase and sale of land owned by a delinquent taxpayer shall be cancelled because the provisional registration with the exclusion period expired.

Article 208(3) of the Civil Procedure Act

2019da77633 Cancellation of provisional registration

Korea

OOOOCO POC species 200

Pleadings without Oral Proceedings

2019.07.03

1. The defendant will implement the procedures for registration of cancellation of 1/3 shares in the provisional registration of ownership transfer claim as *** of the provisional registration of ownership transfer claim completed on January 28, 2002 by OO District Court OO branch of O branch of O branch of O branch of O branch of O branch of O branch of O branch of O branch of O branch of O

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

Cheong-gu Office

As set forth in the text.

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act);

Cheongwon of the Gu

1. Basic facts

(a) Relationship between the parties;

The plaintiff is the seizure authority that attaches the attached list of real estate (hereinafter referred to as "real estate in this case"), and the defendant has the provisional registration of the right to claim the transfer of ownership due to the purchase and sale reservation of the real estate in

(b) Details of provisional registration and ownership transfer registration;

On 28, 2002, the defendant entered into a pre-sale agreement with the non-party OO who owns the real estate of this case, and accepted it to the OO registry of O branch of O branch of O branch of O branch of O branch of O branch of O branch of O branch of O on 2001.28. ********, the provisional registration of ownership transfer claim preservation on the ground of the pre-sale agreement (hereinafter referred to as the "provisional registration of this case") was completed (refer to the entire certificate of registration No. 1, and the evidence No. 2).

(c)the existence of the preserved claim (the establishment of the tax claim);

Non-partyO is in arrears with KRW 59,00,450 for the transfer income tax for the year 2006 imposed by the head of the OO under the Plaintiff as follows (OO).

2. In order to sell the attached property, the provisional registration of the right to claim ownership transfer of the real estate listed in the separate sheet shall be prior to the cancellation.

As above, the Plaintiff did not pay national taxes with respect to the established tax claims as above, and the Plaintiff seized the real estate of this case (Receipt No. 21, 2007.06.06.01,******). (See the entire certificate of registration No. 1).

In order to collect the above national tax claim, the Plaintiff shall conduct a public sale of the instant real estate owned by Nonparty OO in accordance with the procedure for disposition on default, but since the provisional registration of this case could not proceed with the public sale due to the provisional registration of this case, it is necessary to exercise the right to claim the transfer of ownership by subrogation of the right to claim the cancellation of the registration (a certificate No. 1).

3. The registration of the right to claim ownership transfer on the real estate listed in the attached list shall be extinguished as the right to complete the reservation, for which the exclusion period has expired.

In the unilateral promise for sale, I hold that "the right of the contractor to the effect of the sale by expressing the intention of the completion of the contract for sale, that is, the right to the completion of the contract for sale and purchase, which is a kind of right to the conclusion of the contract for sale and purchase, shall be exercised within such period if the parties agree to the exercise period, and within 10 years from the time the contract is made if no such agreement is made, and the right to the completion of the contract shall be extinguished upon the lapse of the exclusion period (see Supreme Court Decision 200Da26425 delivered on October 10, 203)."

A. The defendant concludes a pre-sale agreement with the non-partyO on the instant real estate and completed the provisional registration of this case.

B. The right to the settlement of the above purchase and sale has expired after the lapse of the tenth anniversary of the date of reservation from the 2002.28.28.201.28.

Therefore, the defendant's provisional registration of this case on the real estate of this case should be cancelled as provisional registration of invalidity of cause.

4. Necessity of preservation, and non-exercise of rights of the defaulted taxpayer;

The non-party OO, who is a delinquent taxpayer, falls under the current status of insolvency because there is no property for the public sale of the real estate in question other than the real estate in this case, and even though the exclusion period of the right to complete the purchase and sale of the provisional registration in this case (the date of reservation 201.28, 201.28, the date of October 28, 2002) expires after the expiration of the exclusion period of the right to complete the purchase and sale of the provisional registration in this case, the non-party OO, the owner of the real estate in this case, does not exercise at all the right to claim the cancellation

5. Conclusion

The plaintiff, as a tax claim of the non-partyOO, sought a judgment, such as the written claim in subrogation of the non-partyOO in order to seek a judgment. Accordingly, the plaintiff may make a disposition on default against the non-partyO, the Republic of Korea has neglected to perform its duty to pay a long amount of high-term amount of tax liability, accepting the plaintiff's claim, and be subject to the main time.