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(영문) 수원지방법원 2014.08.14 2013나34577
손해배상(기)
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff owned the Plaintiff’s forest 1,653 square meters in Ansan-si. C sold part of the said forest from November 20, 1995 and completed the registration of transfer of ownership in the said forest to the buyer.

However, on August 24, 1998, the Ansan Tax Department completed the registration of attachment entry (hereinafter “registration of attachment”) with respect to C’s portion of the forest land as above on the grounds of the unpaid tax amount of C.

B. On March 17, 2004, the Plaintiff purchased at KRW 135,000 among the above forest land through C on behalf of the Defendant. At the time, the Defendant agreed to remove the defect and burden of the right by the Defendant until the remainder payment date when there is any unpaid amount of tax, public charges and other charges in relation to the above forest land.

C. On September 23, 2004, the forest land 1,653 square meters was divided into D forest land 737 square meters and E forest land 916 square meters. On April 4, 2005, the Defendant received the above sales price from the Plaintiff and completed the registration of ownership transfer as to D forest land 77 square meters to the Plaintiff on April 4, 2005.

After that, Flux 77 square meters of D forest land were 737 square meters in accordance with registration conversion and land category change (hereinafter “instant real estate”), and Flux 737 square meters in accordance with registration conversion and land category change. D.

On April 9, 2007, the Plaintiff completed the registration of ownership transfer on the instant real estate by means of sale on August 8, 2008, with respect to G, the maximum debt amount of KRW 370,000,000 for the instant real estate, and the registration of ownership transfer on the instant real estate by G was completed on September 9, 2008.

E. On March 28, 2008, the Ansan Tax Office completed the attachment registration of the instant real estate on the ground that the Plaintiff failed to pay taxes, and subsequently delegated the Korea Asset Management Corporation to sell the instant real estate by auction.

F. Accordingly, this case is subject to a public auction procedure on the instant real estate.

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