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(영문) 인천지방법원 2017.07.21 2015가단54713
소유권이전등기말소 등
Text

1. As to the Plaintiff: (a) 1/5 of equity shares of 1392 square meters in Incheon po-gun C, Incheon po-gun

A. Defendant B is the Incheon District Court.

Reasons

The fact of finding the judgment as to the cause of the claim that D completed on December 25, 1985 with respect to the share transfer registration based on sale and purchase on December 25, 1985, with respect to the share of 1/5 square meters (hereinafter the above share is referred to as “instant land,” and the above share is referred to as “share of this case”), the Incheon Tax Office completed the attachment registration as to the share of this case on September 18, 2001. The plaintiff acquired the ownership of this case by paying KRW 3.5 million to the public sale conducted by the head of Incheon Tax Office on June 2002, the fact that the plaintiff acquired the share of this case by paying KRW 3.5 million to the public sale conducted by the head of Incheon Tax Office, and the fact that the plaintiff acquired the share of the plaintiff was not recorded in the register. The defendant B did not enter on April 15, 208 on the register.

5. 13. The fact that the registration of ownership transfer concerning the instant land, including the instant shares, was completed on November 23, 201, Defendant Namdong Agricultural Cooperative (hereinafter “Defendant Agricultural Cooperative”) may recognize the fact that the registration of ownership transfer was completed on the instant land, including the instant shares, as indicated in the evidence of subparagraphs 1 through 4, and that the registration of ownership transfer was completed on November 23, 201, with respect to the instant land, including the maximum amount of claims 450 million won, and as indicated in the evidence of subparagraphs 1 through 4, to the head of Incheon Tax Office, to order the provision of tax information to the witness D’s testimony, and

Judgment

According to the above facts, the Plaintiff acquired the ownership of the instant share pursuant to Article 77(1) of the National Tax Collection Act, since the Plaintiff paid the successful bid price in the public sale procedure for the instant share.

With respect to the instant shares, the registration of ownership transfer and the registration of establishment of a neighboring mortgage in the name of Defendant NongHyup is null and void due to a sales contract with a person who is not the owner, and a mortgage contract based on such contract.

Therefore, upon the plaintiff's claim that exercises the right to exclude interference based on ownership, Defendant B's ownership transfer registration of this case and Defendant Nonghyup's establishment registration of neighboring mortgage registration.

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