Any third party who has an interest in the cancellation of provisional registration shall be entitled to the right to claim a transfer of ownership based on provisional registration.

Provisional registration completed on the basis of the pre-sale reservation by false representation is null and void, and the person who has the right to claim a transfer of ownership based on provisional registration falls under a third party who has an interest in the cancellation of provisional registration.

Article 24 of the National Tax Collection Act

2015 Gohap60514 Cancellation of provisional registration

○○○○○○○

1. ThisCC;

2. Dod;

3. E;

4. △△;

July 23, 2015

August 27, 2015

1. On September 12, 2013, the registration procedure for cancellation of the registration of the right to claim transfer of ownership completed by the ○○○○○○○○○○○○○○○○ on the part of each real estate listed in the separate sheet to the Plaintiff among the real estate listed in the separate sheet will be implemented.

2. As to the registration of the cancellation of the above right to claim ownership transfer, Defendant △△△ shall express his intention of acceptance.

3. Of the costs of lawsuit, the part arising between the Plaintiff, Defendant ACC, ED, and EE shall be borne by the Defendants, and the part arising between the Plaintiff and Defendant △△△ is borne by each party.

Cheong-gu Office

The same shall apply to the order.

1. Facts of recognition;

A. The plaintiff clan registered the title of each of the real estate listed in the separate list owned by the plaintiff clans (hereinafter referred to as "the land of this case") with one-third shares in title trust to the network ○○, Lee○, and Lee○, and Lee○, each of the land of this case, and completed the registration of the ownership transfer of each of the one-third shares in the name of Lee○, Lee○, Lee○, and Lee○, and Lee○, respectively, and completed the registration of ownership transfer of each of the land of this case. After the death of Lee○, Lee○, Lee, and Lee○, who are the inheritor, the ownership transfer of each

B. After doing so, the plaintiff clan filed a lawsuit against the above inheritor on the claim for ownership transfer registration on the ground of termination of title trust and became final and conclusive upon the judgment of ○○ District Court ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, which declared that the above inheritors shall implement the procedure for ownership transfer registration on the ground of termination of title trust with respect to each of the inheritance shares of the instant land. Accordingly, the plaintiff clan completed the registration of ownership transfer on April 19, 2012 with respect to the instant land by the above final and conclusive judgment.

C. On December 22, 2012, the Plaintiff clan held a board of directors and decided to complete the registration of the right to claim ownership transfer of the instant land for the sake of preserving the property during the clan. Accordingly, the provisional registration of the name of the principal against the instant land from the said Defendants is a provisional registration for preserving the property of the clan, and any right to the said real estate cannot be exercised, as well as the promise to immediately cancel the instant land without any consideration or condition at the Plaintiff’s request from the clan. On September 7, 2013, the Plaintiff prepared a pre-contract to the effect that the Defendants and the instant land should be sold KRW 00,000,000 to the said Defendants, and on the basis of the above contract, the registration of the right to claim ownership transfer of the instant land was accepted on September 12, 2013 by ○○ District Court support ○○○○○○ on each of the instant land pursuant to the pre-contract (hereinafter referred to as “the pre-contract registration of ownership transfer”).

D. Meanwhile, on January 14, 2014 and November 14, 2014, Defendant △△ completed the attachment registration as to one-third share in the name of Defendant EE among the claim for transfer of ownership based on the provisional registration of this case.

[Based on recognition] Defendant ACC, ED, E: Confession (Article 150(3) of the Civil Procedure Act); Defendant △△: The fact that there is no dispute; Gap 1-7 evidence (including branch numbers; hereinafter the same shall apply); and the purport of the whole pleadings

2. Determination as to the claim against Defendant ACC, ED, EE

According to the above facts, it is sufficient to view that the trade reservation of this case between the plaintiff clan and the above defendants entered into a false contract to complete the registration of the right to claim ownership transfer in the above defendants' name so that the members, such as the executives of the plaintiff clan, may not dispose of the property of the clan without permission.

Therefore, the instant provisional registration in the name of the said Defendants is deemed null and void, since the instant provisional registration in the name of the said Defendants is deemed null and void, and the said Defendants are obliged to implement the procedure for cancellation registration of the instant provisional registration to the Plaintiff.

3. Determination as to the claim against Defendant △△△

The fact that Defendant △△ completed the attachment registration on January 14, 2014 and November 14, 2014 of the transfer of ownership pursuant to the provisional registration of this case, among the transfer of ownership pursuant to the provisional registration of this case, on January 14, 2014, as the claim for the tax claim against Defendant EE, is as seen earlier.

However, as seen earlier, the instant provisional registration is null and void because the instant reservation constitutes a false declaration of conspiracy, and the provisional registration of this case, which was completed on the basis thereof, is also null and void. As such, the instant provisional registration is to be cancelled. Defendant △△ constitutes an execution creditor, who is a third party having interest in the registration of cancellation of the instant provisional registration.

Therefore, Defendant △△ has a duty to declare to the Plaintiff the cancellation of the provisional registration of this case.

4. Conclusion

Accordingly, the plaintiff's claim against the defendants of this case is justified.