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(영문) 서울중앙지방법원 2016.11.16 2016나40858
부동산압류등기말소등기
Text

1.The judgment of the first instance shall be modified as follows:

The real estate stated in paragraph (1) of the attached Table among the judgments of the first instance court.

Reasons

1. The ex officio cancellation registration means a registration that is executed for the purpose of legally extinguishing the entire registration in a case where the whole registered matters are inconsistent with the substantive relations in the original or latter part of the registration, and therefore there is no legal interest to seek the cancellation of the registration already cancelled.

(2) In light of the above legal principles, the registration of seizure (hereinafter “registration of seizure of this case”) stated in the purport of the claim regarding each real estate stated in the attached Tables 1 and 2 (hereinafter “registration of this case”) has been completed in accordance with the above legal principles, but there is no dispute between the parties. However, in full view of the purport of the entire argument in the statement in the attached Tables 5 and 5, it can be recognized that the registration of seizure of this case (hereinafter “registration of seizure of this case”) was already cancelled, except for the registration of seizure completed on April 22, 2009 by receipt No. 36299 (hereinafter “registration of seizure of this case”). Thus, the Plaintiff’s lawsuit against the Defendants seeking the cancellation of the registration of seizure of this case is unlawful because there is no benefit of lawsuit against the Plaintiff.

2. The plaintiff asserts that the real estate listed in paragraph (1) of the attached list is real estate owned by the Diplomatic Association (hereinafter referred to as the "Diplomatic Association") whose representative is the plaintiff, and is exempted from taxes, such as acquisition tax and registration tax, by an organization for religious purposes, and since the Songpa-gu Seoul Metropolitan Government imposed tax on the above real estate and registered the remaining seizure registration of this case due to tax delinquency, the remaining registration of this case is null and void. The plaintiff asserts that the remaining seizure registration of this case is sought against the defendant Songpa-gu Seoul Metropolitan Government, but the real estate listed in paragraph (1) of the attached list is not owned by the plaintiff but owned by the D church, and is not the owner.

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