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(영문) 수원지방법원여주지원 2016.06.22 2016가단488
강제집행에 관한 소송
Text

1. The part concerning the claim for cancellation of the attachment disposition among the lawsuits of this case shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. On September 26, 2009, the Plaintiff’s assertion entered into a contract to purchase the real estate of this case with the Plaintiff’s General Business Affairs Co., Ltd. (hereinafter “Nonindicted Company”) and paid the purchase price in full on October 28, 2009.

However, on October 6, 2010, the non-party company completed the registration of ownership transfer on the real estate of this case to the Plaintiff at around ten (1) year after the registration of ownership transfer was completed.

However, on March 19, 2010 between the non-party company and the non-party company’s failure to register the transfer of ownership as above, the Defendant issued a seizure disposition on the instant real estate on the grounds of tax delinquency of the non-party company, and completed the seizure registration on the grounds of this, on March 22, 2010. The above seizure disposition taken after the Plaintiff acquired the real ownership of the instant real estate upon the payment of the purchase price in full shall be revoked, and the above seizure

2. Determination:

A. In a case where a plaintiff made a mistake in a civil litigation against a case that should be brought as an administrative litigation without intention or gross negligence in determining the legitimacy of a claim for the revocation of a seizure disposition, even if the lawsuit was brought as an administrative litigation because it is obvious that the procedure and the period of filing the lawsuit already lapsed as an administrative litigation, or the disposition that is the object of an administrative litigation does not exist, etc., even though the lawsuit is filed as an administrative litigation, it may be dismissed by deeming it as an unlawful lawsuit in a case where it becomes unlawful.

(see, e.g., Supreme Court Decision 95Da28960, May 30, 1997). Meanwhile, a lawsuit seeking revocation of an administrative disposition ought to be instituted within 90 days from the date when the party becomes aware of the disposition, etc.

(Article 20(1) of the Administrative Litigation Act (Article 20(1)). In light of the above legal principles, the part seeking the revocation of the seizure disposition among the lawsuit in this case filed as an administrative litigation.

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