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Case Number of the immediately preceding lawsuit
Daejeon District Court 2010Guhap629 ( October 18, 2010)
Case Number of the previous trial
Review Transfer 2009-0200 ( November 18, 2009)
Title
In case of applying for auction by acquiring the land and the right to collateral security, the substance is the unregistered transfer.
Summary
If a successful bidder receives a successful bid price by applying for an auction without completing the registration of transfer of ownership by taking over the land as well as the right to collateral security established on the land, it constitutes a transfer unregistered.
Text
1. The plaintiff's appeal is dismissed.
2. Costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the first instance shall be revoked. The defendant's imposition of capital gains tax of KRW 220,846,160 against the plaintiff on February 2, 2009 shall be revoked.
Reasons
1. Quotation of judgments of the first instance;
The reasoning for the court's reasoning for this case is that the portion of the first instance court's first instance court's first instance court's first instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's order transfer of ownership to the plaintiff. However, the plaintiff's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's judgment's second instance court's second instance court's second instance court's judgment's second instance court's second instance court's judgment's second instance court's second instance court's judgment's second instance court's conclusion that the plaintiff's second instance court's payment was paid to both parties.
2. Consultations
Therefore, the judgment of the first instance court is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.