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(영문) 서울행정법원 2015.09.17 2013구합19011
압류처분취소등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Details of the disposition;

A. On September 30, 2011, the Plaintiff entered into a sales contract with Nonparty DDD Project Financial Investment Co., Ltd. (hereinafter “Nonindicted Company”) for a repurchase agreement with respect to real estate listed in the separate sheet (hereinafter “instant real estate”). On the same day, the Plaintiff completed the registration of ownership transfer under the name of Nonparty Company with respect to the instant real estate.

B. On April 1, 2013, the Defendant seized the instant real estate on the ground that the Nonparty Company defaultedd KRW 5,783,776,950 of the Comprehensive Real Estate Holding Tax in 2012.

(hereinafter “instant attachment disposition”). C.

On June 27, 2013, on the ground of the exercise of the right of repurchase on June 14, 2013 against the non-party company, the Plaintiff requested the Defendant to cancel the attachment disposition of this case, but the Defendant refused the said request on July 5, 2013 on the ground that the Plaintiff and the non-party company continue legal disputes with respect to the validity of the right of repurchase.

(hereinafter referred to as "the rejection disposition of this case"). . [Grounds for recognition] without dispute, Gap evidence 5, Gap evidence 6-4, Gap evidence 7-1 through 12, Gap evidence 11-1, 2, Gap evidence 16, 17, the purport of the whole pleadings, and the purport of the whole pleadings.

2. If an administrative disposition is revoked as to the legitimacy of the lawsuit of this case, such disposition is null and void, and no longer exists, and a revocation lawsuit against a non-existent administrative disposition is unlawful as there is no benefit of lawsuit.

(See Supreme Court Decision 209Du16879 Decided April 29, 2010 (see, e.g., Supreme Court Decision 2009Du16879). In full view of the purport of the entire pleadings as to the instant real estate, the registration of transfer of the Plaintiff’s ownership was completed on April 13, 2015 due to the repurchase as of June 18, 2013, and the Defendant’s revocation ex officio revocation of the instant attachment disposition and the instant refusal disposition rejecting the revocation of the instant attachment disposition are all the interests of lawsuit.

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