Whether the registration of seizure is legitimate

As long as the judgment in favor of the plaintiff in the lawsuit on the merits becomes final and conclusive without the invalidation of the registration of provisional disposition, the plaintiff who is the creditor of provisional disposition can still deny the validity of the act in violation of the provisional disposition in this case, and therefore, it can be claimed against the defendants for cancellation of each

Article 53 of the National Tax Collection Act: Conditions to cancel attachment

1. The Defendants perform the registration procedure for cancellation of registration of each attachment on the attached list with respect to ○○○○○○○○○-gun ○○○○○○○○○○○, 139-11 square meters.

2. The costs of lawsuit are assessed against the Defendants.

The same shall apply to the order.

1. Basic facts

A. On August 14, 1995, the Plaintiff purchased ○○○○○○ Tourism ○○○○○○, ○○○○○-gun, 139-1, ○○○○-do, 139-11 (hereinafter “instant land”) and 139-1 of the same Ri from the purchase price of 130 million won, and filed an application for provisional injunction on the instant land owned by ○○ Tourism under the court 99Kadan2115 with regard to the right to claim for ownership transfer registration as a preserved right, with regard to the right to claim ownership transfer registration as to the instant land, and upon receiving the above application of the Plaintiff, the court made a provisional injunction on October 16, 199. The provisional injunction registration on the instant land was completed on October 19, 199 by the commission of the court ○○ District Court 00 00,000 registry (hereinafter “instant provisional injunction registration”).

B. Since then, the Defendants completed each of the registrations of seizure (hereinafter each of the registrations of seizure of this case) as shown in the separate sheet as to the land of this case.

C. However, the Plaintiff filed a lawsuit for ownership transfer registration against ○ Tourism by the court 200Kadan33000, which was the principal lawsuit of the above provisional disposition, and was sentenced to a favorable judgment on November 21, 200, and the above judgment became final and conclusive on December 12, 200.

D. On January 13, 2006, the Plaintiff requested the Certified Judicial Scriveners Office to apply for the registration of ownership transfer of the instant land and to cancel the above provisional disposition registration.

E. On January 13, 2006, the employee of the above certified judicial scrivener office received a notice of payment such as registration tax to transfer ownership from ○○ Military Office on the ground of the fact that the above written decision entered the purchase price of KRW 130 million, not KRW 530 million, and filed an application for correction of the judgment with this court in order to dismiss the above written decision. On the same day, the above written application for withdrawal of the above provisional disposition was received with this court on the same day at the request of this court. On January 18, 2006, the above written application for withdrawal of the above provisional disposition was revoked on the ground that the above written application for cancellation by the above registry office No. 3107, Jan. 13, 2006 as the ground for

F. On February 14, 2006, after the above judgment was corrected, the Plaintiff filed an application for cancellation registration of each of the instant seizure registrations and an application for ownership transfer registration based on the above winning judgment, and completed ownership transfer registration on the same day as to the instant land on the same day. However, as the above provisional disposition registration was already cancelled due to withdrawal, the above provisional disposition registration was already cancelled. Thus, the above registry officer decided to dismiss all of the attachment registration on February 15, 2006.

G. The Plaintiff filed an objection seeking the revocation of the foregoing registrar’s dismissal decision under this Court 2006B group2, but the above court rendered a final decision of dismissal on March 27, 2006.

[Reasons for Recognition] Each entry of Gap evidence 1 to 5 (including each number), Eul's evidence 1 to 4, Eul's evidence 1 to 3, and the whole purport of the pleading

2. The assertion and judgment

A. The parties' assertion

As long as the plaintiff, who is the provisional disposition creditor, was rendered a favorable judgment in the lawsuit on the merits of this case, even if the provisional disposition was cancelled prior to the application for ownership transfer registration based on the judgment in favor of the plaintiff due to the plaintiff's mistake, the plaintiff, who is the provisional disposition creditor, still cannot deny the validity of the provisional disposition violation of this case. Therefore, the attachment registration of this case should be cancelled.

As to this, the Defendants asserted that the provisional disposition registration of this case was completed in violation of the contents of the provisional disposition of this case, but as long as the provisional disposition registration of this case was lawfully cancelled before the ownership transfer registration based on the judgment in favor of the merits has been completed, the effect of cancellation is conclusive. Thus, the Plaintiff, who is the provisional disposition obligee, has no longer denied the validity of the provisional disposition against the Defendants.

B. Determination

On the other hand, if a provisional disposition is registered, the effect of the provisional disposition is binding on the provisional disposition obligor and the third party, and the time when the provisional disposition obligee can deny the effect of the provisional disposition violation is the time when the final judgment in favor of the court or circumstances such as it is possible to deny the effect of the provisional disposition (for example, when the existence of the right of the provisional disposition obligee becomes final and conclusive by reconciliation, conciliation, recognition of the claim,

Therefore, the effect of provisional disposition cannot be denied merely by the status as the provisional disposition creditor, and the effect of provisional disposition against the provisional disposition debtor and the third party can not be denied if the provisional disposition registration is lawfully cancelled or the provisional disposition creditor loses the lawsuit on the merits, such as the withdrawal of the provisional disposition or the cancellation of the judgment before the judgment in favor becomes final and conclusive in the lawsuit on the merits. Therefore, if the provisional disposition registration is issued in order to be revoked, the provisional disposition creditor cannot deny the effect of provisional disposition against the provisional disposition debtor and the third party. However, if the provisional disposition creditor obtains the judgment in favor without the invalidation of the registration on the merits, the provisional disposition creditor can deny the effect of provisional disposition against the provisional disposition debtor and the third party. Even if the provisional disposition registration is revoked first on the ground of the mistake of the provisional disposition creditor after the judgment in favor of the merits becomes final and conclusive, barring any special circumstances, the provisional disposition creditor can deny the effect of the provisional disposition against the provisional disposition (However, the effect of the new provisional disposition against the third party after the registration in favor of the merits cannot be denied as well as the effect of the act against the third party).

After the plaintiff, who is the creditor of provisional disposition, has received a final judgment in favor of the merits on the merits, applied for the cancellation of the provisional disposition registration of this case in violation of the registration of ownership transfer and provisional disposition based on the judgment in favor of the merits, and thereafter applied for the cancellation of the provisional disposition registration of this case to the court of execution (Article 1061 of the registry rules). However, even if the provisional disposition registration of this case was cancelled by submitting the application for withdrawal of provisional disposition first to the court of execution before receiving the application for ownership transfer registration due to mistake on the part of the plaintiff, as long as the judgment in favor of the suit in the merits becomes final and conclusive without the validity of the pertinent provisional disposition registration, the plaintiff who is the creditor of provisional disposition can still deny the validity of the act in violation of the provisional disposition of this case, and therefore, the defendants

3. Conclusion

Thus, the plaintiff's claim against the defendants is accepted on the grounds of all.