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(영문) 인천지방법원 2020.12.17 2019가단234388
가등기말소
Text

1. The defendant shall receive on September 19, 2008 from B the Incheon District Court's reinforcement registry office with respect to the real estate stated in the attached list.

Reasons

1. Basic facts

A. B, as of May 14, 2019, as indicated below, failed to pay a total of KRW 937,365,380, including capital gains tax, as indicated in the following table:

On November 30, 2008, 54,027,630,627,630,630,836,08,808,830,84, 206, 30,30, 4636, 205, 208, 40, 178, 178, 47, 750, 750, the comprehensive real estate holding tax on February 28, 2009;

B. The Plaintiff seized the real estate listed in the separate sheet (hereinafter “instant real estate”) as the receipt No. 28503 on November 12, 2012 by the Incheon District Court Reinforcement Registry on November 12, 2012 in order to collect the amount of delinquent tax against B.

C. The Defendant completed the provisional registration of the right to claim transfer of ownership under Article 29323 of the receipt of September 19, 2008 (hereinafter “the provisional registration of this case”) with respect to the instant real estate on September 18, 2008.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 3 evidence, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Defendant did not exercise the right to complete the purchase and sale reservation even until the lapse of 10 years from the date of reservation for the purchase and sale of the instant real estate. As such, the Defendant’s right to complete the purchase and sale reservation was terminated after the lapse of the exclusion period after September 18, 2018, which was 10 years from September 18, 2008, which was the date of the said promise for the purchase and sale. (2) The Defendant asserted that B had a claim for settlement amounting to KRW 300 million on the letter of agreement as seen below, but there was no loan for consumption, which serves as the basis of the said letter of agreement, even if there was no fact

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