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(영문) 서울동부지방법원 2014.06.25 2013가합102457
소유권말소등기
Text

1. C:

A. On September 4, 1995, Defendant A received on September 4, 1995 with respect to the real property listed in paragraph 1 of the attached list.

Reasons

1. Transfer income tax of 26,711,770 won in arrears on June 30, 201: (a) 31,262,860 won in capital gains tax of 31, 31,59,596,970 won in January 31, 2012; (b) 5,680 won in capital gains tax of 5,680 won in five capital gains tax on May 31, 2012; (c) 6 capital gains tax of 10 won in arrears on the tax payment deadline for capital gains tax of 26,71,700,350 won in capital gains tax on September 15, 2012; (d) 8,78,130 won in capital gains tax on October 31, 2013; (e) 205,207 won in total;

A. The Plaintiff currently holds a taxation claim of KRW 205,273,770 in total as shown in the following table for C.

B. Each real estate listed in paragraphs 1 and 2 of the Attached List No. 1 was owned by C, and C transferred the right to transfer ownership of each of the real estate listed in paragraphs 1 and 2 of the Attached List to D on September 4, 1995, and on June 10, 1992, on the ground of the pre-sale agreement, as to the real estate listed in Paragraph 1 of the Attached List No. 45645 of this Court’s receipt by this Court, and as to the real estate listed in Paragraph 2 of the Attached List No. 4566 of this Court’s receipt by this Court, D transferred the right to claim for transfer of ownership of each of the above real estate listed in paragraphs 1 and 2 of the Attached List to Defendant A on April 7, 2010, and completed the supplementary registration prior to the provisional registration of this case on April 12, 2010.

C. On September 28, 2010, C completed the registration of ownership transfer based on each of the provisional registrations of this case under the receipt of this Court No. 47363 regarding the real estate stated in paragraph (1) of the attached Table No. 473 on September 27, 2010, on the ground of the completion of the pre-sale agreement as of September 27, 2010, as to the real estate listed in paragraph (2) of the attached Table No. 47365.

Defendant A completed the registration of transfer of ownership on December 11, 2012, and on November 5, 2012 due to sale and purchase by Defendant B, the registration of transfer of ownership was completed under this Court’s receipt No. 74688 with respect to the real estate listed in paragraph (1) of the attached Table No. 74688, and No. 74689 with respect to the real estate listed in paragraph (2) of the attached Table

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 4, and 8, the purport of the whole pleadings

2. C in order to preserve a taxation claim against C, which is determined on the grounds of this safety objection.

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