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(영문) 부산지방법원 2016.08.25 2015가단215478
건물
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

2. The Defendants jointly do so to the Plaintiff on 1,855.

Reasons

1. Basic facts

A. A. Since 2003, C did not pay global income tax, etc., taxes were in arrears.

C newly constructed the real estate listed in the attached list (hereinafter referred to as "the real estate of this case") and thereafter registered the title trust in the D future to be exempted from the compulsory execution based on the delinquent tax amount.

D has completed on May 17, 2004 registration of ownership preservation on the real estate of this case.

B. Since the title trust agreement between C and D with respect to the instant real estate is null and void, the Republic of Korea (Seosan Tax Office) sought a transfer of ownership on the instant real estate on the ground of the recovery of real name, since the title trust agreement with C and D regarding the instant real estate was null and void.

On August 28, 2013, the court decided C to implement the procedure for ownership transfer registration on the instant real estate due to the restoration of real name, and the above judgment became final and conclusive.

(Dasan District Court 2013Gahap42956). Based on the above judgment, on February 5, 2014, the registration of ownership transfer was completed in C in relation to the real estate of this case, and Korea completed the attachment registration of the real estate of this case on the same day.

C. As C fails to pay the delinquent tax, the Korea Asset Management Corporation issued a public auction notification on September 11, 2014 and proceeds from the public auction procedure with respect to the instant real estate.

On January 5, 2015, the Plaintiff acquired the instant real estate through public sale and completed the registration of ownership transfer on the same day.

Defendant B, as the direct possessor of the instant real estate, is the Defendant Ne Industry Development Co., Ltd. (hereinafter “Defendant Company”), occupied and used the instant real estate as the indirect possessor of the instant real estate.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 and 9, and the inquiry results about the Korea Electric Power Corporation of this Court, the purport of the whole pleadings

2. Assertion and determination

A. According to the above facts of recognition as to the cause of the claim, the instant real estate is not subject to special circumstances.

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