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1. Revocation of a judgment of the first instance;
2. The Defendant’s KRW 18,241,074 for the Plaintiff and its related expenses from December 7, 2010 to June 2014.
Reasons
1. Determination on the cause of the claim
A. The following facts can be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 and 4, unless there is a dispute between the parties, or in full view of the purport of the whole pleadings:
1) On September 6, 1999, the Plaintiff is deemed to be a compulsory auction B by Suwon District Court for a compulsory auction (hereinafter “instant compulsory auction”).
(C) In the instant case, the term “instant land” is deemed as “615 square meters in Ansan-si” (hereinafter “instant land”).
(2) On October 14, 1999, the Defendant, who was a tax creditor D, was apportioned KRW 18,241,074 as a seizure authority in the procedure of compulsory auction of this case on September 14, 1999.
3) Meanwhile, in a lawsuit filed by E against the Plaintiff et al., Seoul Western District Court 2003Kadan53483, Jun. 22, 2006, the above court rendered a judgment that the registration of ownership transfer in the name of D with respect to the instant land was invalid under the Act on Special Measures for the Registration, etc. of Real Estate Ownership by false guarantee, and thus, the compulsory auction of this case is null and void as a result, the Plaintiff is obligated to implement the procedure for the registration of cancellation of ownership transfer in the name of the Plaintiff with respect to the instant land, and the judgment became final and conclusive August 5, 2006, and accordingly, the Plaintiff’s ownership transfer registration of the instant land was cancelled on December 7, 2010.
B. In a case where the successful bidder paid the price by winning a real estate through the compulsory auction procedure and completed the registration of transfer of ownership in the future, but thereafter, if the registration of transfer of ownership in the debtor's name, which is the basis of the procedure for compulsory auction, becomes invalid and it becomes impossible to acquire the ownership of the auction real estate, such compulsory auction shall be deemed null and void. Therefore, the successful bidder shall be deemed null and void.