A person with a provisional registration based on a trade reservation has a duty to cancel a provisional registration unless he/she exercises his/her right to complete a trade reservation for ten years.

If a person who has received a provisional registration based on a pre-sale agreement from a delinquent taxpayer on real estate fails to exercise the right to complete the pre-sale within ten years from the date of establishment of the pre-sale agreement, the right to complete the pre-sale expires at the expiration of the exclusion period.

Article 45 (Procedures for Seizing Real Estate, etc.)

2017 Mada 116723 Cancellation of provisional registration

Korea

Gangwon A

December 15, 2017

on January 26, 2011

1. The defendant will implement the procedure for cancellation registration of the right to claim transfer of ownership, which was completed on March 24, 2001 by the receipt OOOOO in relation to the real estate stated in the attached list, to Gangnam (the address in the register, OOO-dong O-OO).

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

Cheong-gu Office

The same shall apply to the order.

1. Basic facts

(a) The amount of taxes in arrears against the Plaintiff by the GangwonB is as listed in Table 1 below:

[Attachment 1] The amount of delinquent local taxes related to the seizure (as of April 2017 as of the filing date of an action)

(unit: Won)

Jurisdiction

List of Tax Items

Deadline for payment

Legal date;

guidance.

Internal Tax

Additional Dues

Consolidateds

248,917,660

160,465,230

104,820,790

O

Value-added Tax

2007-03-31

December 31, 2006

58,370,180

3,354,550

25,015,630

O

Value-added Tax

2007-04-25

December 31, 2006

3,769,610

20,137,970

0

O

Value-added Tax

2007-10-25

06.06.30

8,568,020

4,896,140

3,671,880

O

Value-added Tax

2008-04-25

December 31, 2007

17,831,130

10,189,260

7,641,870

O

Global Income Tax

2008-08-31

December 31, 2007

2,056,610

1,175,350

81,260

O

Value-added Tax

2008-09-30

8.08.06.30

24,963,770

14,265,020

10,698,750

O

Value-added Tax

2008-10-25

8.08.06.30

21,242,140

12,138,390

9,103,750

O

Global Income Tax

2008-11-30

December 31, 2007

605,300

587,670

17,630

O

Value-added Tax

2009-04-30

December 31, 2008

32,697,650

18,684,520

14,013,130

O

Global Income Tax

2009-12-31

December 01, 2009

78,813,250

45,036,360

3,776,890

B. On March 24, 2001, Gangwon completed on March 24, 2001, the provisional registration of the right to claim the transfer of ownership in the name of the defendant on the ground of the 'OOO' received by the Seoul OO district court on March 23, 2001 (hereinafter 'the provisional registration of this case').

C. The strongB is currently liable to the Plaintiff for tax liability as above (hereinafter referred to as the “tax liability of this case”), and its market value is equivalent to KRW 160 million.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination

A. In the unilateral reservation for sale as stipulated under Article 564 of the Civil Act, the right that may become effective as a trade by expressing the other party’s intention to complete the sale and purchase agreement, namely, the right to complete the sale and purchase agreement, within a certain period of time, if the other party has agreed to do so, and within ten years from the time the reservation was made, if no agreement is reached, the right to complete the sale and purchase agreement shall be exercised; and the right to complete the sale shall be extinguished upon the lapse of the period of limitation. Meanwhile, there is no special restriction on the period of exercise of the right to complete the sale agreement between the parties (see, e.g., Supreme Court Decision 2016Da42077, Jan. 2

According to the above facts, it can be known that the exclusion period for the exercise of the right to complete the purchase and purchase reservation for ten (10) years from the date the Defendant completed the provisional registration of this case, and that the above right is extinguished and that the Gangwon is currently insolvent. Thus, the Defendant is obliged to implement the procedure for cancellation registration of the provisional registration of this case, which became invalid due to the extinguishment of the right to complete the reservation upon the Plaintiff’s subrogation claim

B. On this point, the Defendant asserted to the effect that the actual purchaser of the instant real estate was the Defendant, but at the time of the purchase, the title of the instant real estate was trusted to the GangwonB, and that it was demanded to complete the principal registration based on the instant provisional registration and exercised the right to complete the pre-sale agreement, thereby failing to comply with the Plaintiff’s request.

In all evidence submitted by the defendant, it is insufficient to admit the defendant's assertion. Even if the defendant entrusted the ownership of the real estate of this case to GangwonB at the time of purchase, the plaintiff's claim of this case, which is a third party, cannot be a justifiable ground for refusing the claim of this case. The defendant'

3. Conclusion

The plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.