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(영문) 서울동부지방법원 2018. 06. 21. 선고 2018가단107689 판결
체납자를 대위하여 가등기권자에 대하여 매매예약에 기한 소유권이전청구권 가등기의 말소를 청구한 것은 적법함 (무변론)[국승]
Title

In subrogation of a delinquent taxpayer, it is legitimate to request a person entitled to provisional registration to cancel the provisional registration on the basis of the pre-sale agreement.

Summary

In subrogation of insolvent delinquent taxpayers, the State filed a claim for the cancellation of provisional registration of ownership transfer claim with a lapse of ten years from the period for exercising the right to conclude the purchase and sale agreements on behalf of the person holding the provisional registration, and the defendant did not respond to the claim after being served with the complaint (no pleading).

Related statutes

Article 404 of the Civil Act

Cases

2018 Mada 107689 Cancellation of provisional registration

Plaintiff

Korea

Defendant

AA

Conclusion of Pleadings

Pleadings without Oral Proceedings

Imposition of Judgment

June 21, 2018

Text

1. The defendant will implement the procedure for the cancellation of the registration of the right to claim transfer of ownership, which was completed on September 23, 2003 by the Seoul Eastern District Court on the real estate listed in the attached list with the non-party BB corporation.

2. The costs of the lawsuit are assessed against the defendant.

Cheong-gu Office

The same shall apply to the order.

Reasons

1. Indication of claim;

The reasons for the attached Form shall be as shown in the attached Form.

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

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