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(영문) 수원지방법원 2016.07.19 2016구합60615
부동산압류해제거부처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On November 1, 2011, the Defendant seized No. 101 Dong 3104 (hereinafter “instant real estate”) B apartment in Silung-si, R&S, for which the registration of ownership preservation was made in the future, in order to collect the value-added tax, etc. in arrears.

(hereinafter “instant attachment disposition”). (b)

The Plaintiff completed the registration of ownership transfer on May 24, 2012 due to sale on the same day.

C. On February 9, 2015, the Plaintiff filed a civil petition for grievance with the Anti-Corruption and Civil Rights Commission for the cancellation of the instant seizure disposition on the ground that “the Plaintiff, prior to the instant seizure disposition, took possession of the real estate in full and moved into the remainder.” The Plaintiff filed a civil petition for grievance with the Anti-Corruption and Civil Rights Commission for the cancellation of the seizure disposition on the ground that the instant real estate was not delinquent by At T&S’s tax payment. The Defendant transferred the said content on March 12, 2015, decided that the Plaintiff’

(hereinafter “Disposition of March 12, 2015”) D.

On September 8, 2015, the Plaintiff decided that the Anti-Corruption and Civil Rights Commission (“the Defendant”) recommended the cancellation of the instant seizure disposition, and applied again on December 14, 2015 to the Defendant for the cancellation of the seizure disposition regarding the instant real estate.

E. On January 7, 2016, the Defendant, on February 9, 2015, informed the Plaintiff that he had already responded to the treatment of grievances due to the causes overlapping with the civil petitions filed by the Plaintiff.

‘The answer was made to the effect that ‘’ was followed.

[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1, 10 through 16 (including each number in case of a tentative number), the purport of the whole pleadings

2. The Plaintiff asserted by the parties concerned, prior to the instant attachment disposition, received the instant real estate from A T&S and paid the sales price in full.

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