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(영문) 대전지방법원 2018. 02. 21. 선고 2017나109654 판결
부동산 공유지분의 명의수탁자인 체납자 명의의 소유권이전등기에 대해 이루어진 국가의 압류등기는 유효함[국승]
Title

The national seizure registration made on the registration of ownership transfer under the name of the trustee of the real estate trustee shall be valid.

Summary

If a co-ownership registration under the name of the delinquent taxpayer in relation to real estate subject to attachment is made through a title trust based on the will of the truster, the attachment of the property to which the delinquent taxpayer's co-ownership belongs externally is valid.

Related statutes

Article 24 of the National Tax Collection Act

Cases

2017Na109654 Action

Plaintiff

1. AAA apartment reconstruction project association;

Defendant

1. Korea;

2. Seoul Special Metropolitan City;

Conclusion of Pleadings

on 17, 2018

Imposition of Judgment

on October 21, 2018

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

Cheong-gu Office

The judgment of the court of first instance shall be revoked. The defendant's Republic of Korea shall revoke the judgment of the Daejeon District Court, Daejeon District Court, Daejeon District Court, 39052, 39053, and 39054 regarding each of the real estate listed in the separate sheet to the non-party A, completed on June 25, 2004; completed on October 4, 2004; completed on June 20, 2004; completed on June 33742; completed on June 20, 208; completed the registration procedure for cancellation of each of the registration of seizure; completed on October 20, 2009; completed on October 20, 2009; completed on February 9, 2010; completed on October 20, 2009; completed on July 309; completed on February 29, 2010; completed on May 27, 2017; completed on May 25, 2005.

Reasons

1. Quotation of judgment of the first instance;

The court's explanation on the instant case is identical to the reasoning of the judgment of the court of first instance, and thus cite it as it is in accordance with Article 420 of the Civil Procedure Act.

2. Conclusion

Therefore, the plaintiff's claim against the defendants should be dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is so decided as per Disposition.

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