It is insufficient to recognize that the Plaintiff purchased the instant real estate in the process of public sale or paid the purchase price.

In light of the fact that the plaintiff did not exercise his right by demanding the implementation of the procedure for registration of ownership transfer for more than 25 years before filing the lawsuit of this case, it is insufficient to recognize that the plaintiff purchased the real estate of this case in the public sale procedure or paid the purchase price thereof.

Article 162 of the Civil Act: Extinctive Prescription of Claim or Property Right

2014da 10699 Registration for cancellation of ownership

MaximumO

Korea

2015.15

2015.08.19

1. Of the instant lawsuit, the part of each claim against Defendant AA Corporation, the Bankruptcy Trustee of the Bankrupt Bank BB Savings Bank, and D insurance Co., Ltd. shall be dismissed.

2. The Plaintiff’s claim against Defendant E, Korea, FF-Gu, Seoul Special Metropolitan City, GG Si, H Si, II-Gu, JJ Authority, and OK is dismissed, respectively.

3. The costs of lawsuit shall be borne by the Plaintiff.

Cheong-gu Office

Defendant E shall carry out the procedures for cancellation of ownership transfer registration completed under No. 7643 on September 2, 2004 with respect to the Plaintiff, ○○○○○○, ○○○○○ 29, 3273 square meters of forest land (hereinafter “instant real estate”); Defendant AA Corporation shall carry out provisional attachment registration completed under No. 5493 on July 25, 2005; Defendant BB Savings Bank’s bankruptcy trustee completed the procedures for cancellation of provisional attachment registration completed under No. 5401 on August 23, 2010; Defendant 2, which completed the procedures for cancellation on June 1, 2005; Defendant 5, which completed the procedures for registration of ownership transfer under the same title No. 3853, Dec. 14, 2006; and Defendant 2, which completed the procedures for registration of ownership transfer under the title No. 380, the receipt of each of Defendant 467, respectively, as Defendant 201.

1. Basic facts

A. On September 2, 2004, Defendant E completed the registration of transfer of ownership in its name due to public sale on March 6, 2003.

B. As to the real estate of this case, on June 1, 2005, the registration of attachment was made by Defendant Republic of Korea (the ○○ Tax Office: the ○○ Tax Office) as the right holder; on July 25, 2005, the registration of provisional attachment was made by Defendant AF Government as the right holder; on August 22, 2005, the registration of attachment was made by Defendant FF Government as the right holder; on August 28, 2006, the registration of attachment was made by Defendant (Withdrawal) as the right holder; on December 14, 2006, the registration of attachment was made by Defendant Republic of Korea (the ○○ Tax Office: the ○○ Tax Office) as the right holder; on April 19, 2007, the registration of attachment was made by Defendant BF Government as the right holder; on August 30, 2007, the attachment was made by Defendant J. 1, 2007, the attachment was made by Defendant J. 21, the right holder;

C. As to the instant real estate, the maximum debt amount was KRW 20 million on September 15, 2004, and the debtor was EE, the debtor was the defendant, the mortgagee was the defendant Eul K, and the establishment registration of a mortgage was completed on March 19, 2010, which was registered as the creditor on March 19, 2010.

D. Defendant (Withdrawal) JJ has been in charge of imposing and collecting insurance premiums for employment insurance and industrial accident insurance. The collection of delinquent insurance premiums was succeeded to Defendant National Health Insurance Corporation on January 1, 201, pursuant to Article 5 of the Addenda to the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance (Act No. 9989).

[Ground of recognition] A without dispute, entry of Gap evidence No. 4, purport of whole pleadings

2. The plaintiff's assertion

The Plaintiff acquired the ownership of the instant real estate by purchasing KRW 1,509,000 in the public sale procedure conducted by Defendant AAE, after paying KRW 160,000 on September 7, 1989 the contract deposit of KRW 1,60,000, and KRW 1,349,000 on September 7, 1989. However, the ownership transfer registration of the instant real estate was completed with respect to the instant real estate in the name of Defendant OE, which was conducted again in the public sale procedure.

Therefore, since the registration of ownership transfer in the name of Defendant EE and the registration of provisional seizure and seizure by the remaining Defendants except Defendant E, which are completed with respect to the instant real estate, are invalid for each cause, the Defendants are obligated to implement the procedure for cancellation registration to the Plaintiff as stated in the purport of the claim. Furthermore, the Defendants seek against Defendant AA to implement the procedure for ownership confirmation and ownership transfer registration as to the instant real estate.

3. Determination on the claim for confirmation of ownership with respect to Defendant AA Corporation

The title holder on the registry of the instant real estate is Defendant E, and Defendant AA Corporation does not dispute the ownership of the instant real estate by denying the ownership of the title holder. Thus, this part of the lawsuit is unlawful because there is no benefit of confirmation.

4. Determination on the claim for ownership transfer registration to Defendant AA Corporation

Although the Plaintiff sought against Defendant AA Corporation the implementation of the procedure for ownership transfer registration regarding the instant real estate, insofar as Defendant AA Corporation is not the person liable for registration of the instant real estate, this part of the lawsuit is unlawful against a person who is not the party liable for registration.

5. Determination as to the claim for cancellation of registration against the CC Corporation and Defendant D insurance by Defendant AA Corporation and the Bankrupt Bank BB Savings Bank

The provisional seizure registration of real estate and registration of seizure of the right to collateral security are made by the court's decision of provisional seizure and the decision of seizure of the right to collateral security. The entries of registration of provisional seizure and registration of seizure of the right to collateral security are those of execution of the decision of provisional seizure of real estate and the decision of seizure of the right to collateral security. On the other hand, as long as the provisional seizure registration and registration of seizure are entered based on the decision of provisional seizure and the decision of seizure, it is only possible to cancel the registration of provisional seizure and seizure only by the method of cancellation or execution of the decision of provisional seizure and the decision of seizure of provisional seizure and the right to collateral security, so this part of the lawsuit is unlawful.

6. Determination as to the claims against Defendant E, Korea, FF-Gu, Seoul Special Metropolitan City, GG Si, H Si, II-gu, Seoul Metropolitan Government National Health Insurance Corporation, the National Health Insurance Corporation, and KS

According to the purport of the oral argument and without dispute between the parties or according to the whole purport of the oral argument, it seems that the plaintiff did not exercise the right or raise an objection as the owner of the real estate of this case by demanding the implementation of the procedure for transfer registration of ownership against the defendant E, AA Corporation, etc. for a more than 25 years prior to the filing of the lawsuit of this case. The plaintiff's assertion that there was a public auction procedure prior to the public auction procedure in which the defendant E acquired the ownership, such as the plaintiff's assertion, and that each seizure registration for the LLI Mining Corporation, which was the cause of the public auction, was cancelled if the proceeds were paid in full during the prior public auction procedure, and that each seizure registration for the LLIS Mining Corporation, which was the cause

In light of the above recognition circumstances, it is insufficient to recognize that the Plaintiff purchased the instant real estate or paid the purchase price thereof in the public sale procedure conducted by Defendant AA. Accordingly, the Plaintiff’s assertion on this premise is without merit without further review.

7. Conclusion

Therefore, among the instant lawsuits, Defendant AA Corporation, the Bankruptcy Trustee of the Bankrupt Bank BB Savings Bank, and the D Insurance shall be dismissed, respectively, by being unlawful. The Plaintiff’s claims against Defendant EE, the Republic of Korea, Seoul Special Metropolitan City FFGu, GG Si, HH Si, Seoul Special Metropolitan City II, JJ Corporation, and OK are dismissed as it is so decided as per Disposition.