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(영문) 서울중앙지방법원 2018.08.23 2017가단5070348
청구이의
Text

1. The Plaintiff (Counterclaim Defendant) shall recover the title of real estate stated in the separate sheet from the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. On June 22, 2015, the Plaintiff loaned KRW 50,000,000 from the Defendant, and completed the registration of the right to claim ownership transfer for the purpose of collateral against the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On October 12, 2016, the Defendant filed a lawsuit against the Plaintiff to seek the above loan, and the Plaintiff rendered a favorable judgment to the Defendant to pay 49,980,846 won and the amount calculated at the rate of 24% per annum from November 5, 2016 to November 23, 2016, and 34% per annum from the next day to the date of full payment, which became final and conclusive around that time.

(Seoul Central District Court 2016dan5122006, hereinafter referred to as "the judgment of this case").

The details of the registration of the establishment of a neighboring mortgage and the registration of seizure, which was completed on the instant real estate as of December 28, 2016, are as follows:

On November 13, 2007, 22,100 won of the maximum debt amount of the right to collateral security C, June 22, 2015, Defendant C, the provisional registration of the right to claim the transfer of ownership on June 22, 2015, Defendant 14, July 18, 2016, 2015, the registration office of attachment (Ssung Nam-gu Office), revised on July 18, 2016, 2016, the Si of Gwangju Special Metropolitan City on November 28, 2016, 2016.

D. On December 28, 2016, the Plaintiff completed the registration of ownership transfer with the above provisional registration as the principal registration on February 7, 2017, on the ground of sale and purchase of the instant real estate (transaction value of KRW 72,00,000), and accordingly, on February 7, 2017, the registration of ownership transfer and each of the registration of seizure were cancelled, respectively.

E. However, with respect to the registration of seizure on November 28, 2016 by the head of the Gyeonggi Mine District Tax Office, the registration of provisional purchase and sale by the Defendant is a provisional registration for the purpose of securing the Defendant’s claim. Since the Plaintiff is in arrears with the national tax of KRW 164,164,50 among global income tax in 2014, the Plaintiff filed an objection to seek the revocation of the ex officio cancellation of the above seizure registration. On March 7, 2017, the said objection was accepted, and the said notification was given ex officio revocation.

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