Title
Release of attachment due to invalidity of cause
Summary
The evidence submitted by the Plaintiff alone cannot be deemed null and void of the cause of the registration of partial transfer of ownership, so the seizure of the Defendant Republic of Korea cannot be deemed null and void.
Related statutes
Article 30 of the National Tax Collection Act
Cases
Jeonju District Court 2016Kadan27964 Registration of Cancellation of Ownership
Plaintiff
○ ○
Defendant
Republic of Korea and 15 others
Conclusion of Pleadings
October 24, 2018
Imposition of Judgment
November 14, 2018
Text
1. Of the lawsuits against the Plaintiff and the Plaintiff’s succeeding intervenor against Defendant Kim Jong-gun and the lawsuits against Defendant Full-gun, the previous District Court DD registry offices of Jeonju, which were received on January 13, 2012, were dismissed, respectively.
2. As to the Plaintiff’s Intervenor’s share of 4,685 square meters in Friri, 09 forest 4,685 square meters in the Seoul Northern District EEE, and of 402.5 square meters in each of 1,242 square meters in each of the forest 1,242 square meters in the same Ri,
A. Defendant GG, FF, and LL implement the procedure for the cancellation of registration of the partial transfer of ownership completed by the Jeonju District Court DDR No. 5456 of May 21, 1999;
B. The Defendant Korea Labor Welfare Corporation shall carry out the procedure for the cancellation registration of cancellation of the registration of equity seizure completed on August 2, 2003 by Jeonju District Court DD registry office of Korea on August 2, 2003;
C. Defendant HH expressed his intention of acceptance on the registration of cancellation of the above ownership transfer registration.
3. The Plaintiff’s succeeding intervenor’s claim against Defendant OO, Cheongju-si, Korea Housing Finance Corporation, Jeonju-si, Changwon-si, Seoul △△△△△△△△△△, the bankruptcy trustee of the Korea Deposit Insurance Corporation, the bankruptcy debtor, the bankruptcy debtor’s bankruptcy debtor’s claim against the succeeding intervenor of the Korea Deposit Insurance Corporation, the Plaintiff’s claim against the remaining Defendants except for Defendant Kim Jong-si, Fullju-si, and the Plaintiff’s succeeding intervenor’s remaining claims against Defendant Fullju-gun are dismissed.
4. Of the litigation costs, the part arising between the Plaintiff and the Defendants is borne by the Plaintiff and the Intervenor succeeding to the Plaintiff
The portion arising between the Plaintiff’s succeeding intervenor and Defendant GG, FF, LL, HH, and the Korea Workers’ Compensation and Welfare Service shall be borne by each person, and the part arising between the Plaintiff’s succeeding intervenor and Defendant OO, Cheongju, Korea Housing Finance Corporation, Jeonju, Jeonju, Kim Jong-si, Changwon-si, Seoul △△△△△△△△, Seoul District Deposit Insurance Corporation, △△△△△, Seoul District Deposit Insurance Corporation, Haju-gun, National Health Insurance Corporation, and Defendant Bankruptcy Debtor’s Trustee’s succeeding intervenor of the Korea Deposit Insurance Corporation.
Cheong-gu Office
As to the Plaintiff’s share 402.5/7/70 of each of 109 square meters of forest 4,685 square meters of f.09 forest f.0,000,000 square meters of 109-2 forest 1,242 square meters of Jeollabuk-do DDA EE, Jeollabuk-do;
A. Defendant OO, GG, FF, LL performed the procedure for registration of cancellation of each ownership transfer registration completed on May 21, 1999 by the Jeonju District Court DD registry office D.D., received on May 21, 199;
B. The Korea Deposit Insurance Corporation in bankruptcy of Defendant HH, the Korea Housing Finance Corporation, the Seoul △△△△△△, and the bankruptcy debtor, the bankruptcy trustee of △ Mutual Savings Bank, the bankruptcy debtor corporation, expressed its intention to accept each of the registration procedures for cancellation of the above part of the ownership transfer (the plaintiff is seeking against Defendant HH for the execution of the registration procedures for cancellation of the establishment registration of a neighboring mortgage completed by the former District Court DD Registry No. 311 on January 14, 2002, but this overlaps with the claim for the declaration of consent, and thus appears to be written by mistake. This also applies to the plaintiff's succeeding intervenor
C. Defendant Cheongju-si: (a) the former Jeju District Court DD registry office completed on July 14, 2001 by No. 6071; (b) the receipt and seizure of shares by the same registry office as the receipt of No. 6983, Apr. 14, 2002; (c) No. 11108, Dec. 24, 2003; (d) the receipt and seizure of shares by the receipt and seizure of No. 5814, Apr. 19, 207; (d) the receipt and seizure of shares by the receipt and seizure of No. 13815, Oct. 5, 2007; (e) the receipt and seizure of shares by the receipt and seizure of No. 13817, Aug. 2, 2003; and (e) the receipt and seizure of shares by the receipt and seizure of shares by the receipt and seizure of shares by Defendant 25, No. 13816, Apr. 29, 2008, 2006.
2. Purport of succession participation
With respect to the judgment identical to the judgment mentioned in paragraph (2) of this paragraph and the Plaintiff’s successor, 402.5/7/7537 of each of the 109 forest land 4,685 m20,000 m20,000 m20,000 m242 m20,000 m20,000
A. DefendantOO implements the procedure for cancellation of registration of cancellation of ownership transfer registration completed on May 21, 1999 by the Jeonju District Court DD registry office (No. 5456).
B. The Defendant Korea Housing Finance Corporation, Seoul △△△△△△△, the bankruptcy trustee of △△ Mutual Savings Bank, the Korea Deposit Insurance Corporation, and the successor of the said Korea Deposit Insurance Corporation expressed their intent of each acceptance regarding the procedure for cancellation registration of ownership transfer.
C. Defendant Cheongju-si: (a) the former Jeju District Court DD registry office completed by No. 6071 on July 14, 2001; (b) the receipt of an equity on August 14, 2002 by the same registry office; (c) No. 3349, Apr. 11, 2003; (d) No. 11108, Dec. 24, 2003; (c) the receipt of an equity on April 19, 207; (d) the receipt of an equity on April 13, 207: (e) the receipt of an equity on June 22, 2006; (e) the receipt of an equity on April 24, 200; (e) the receipt of an equity on June 13, 207; and (e) the receipt of an equity on June 25, 2006; and (e) the receipt of an equity on March 16, 20196.
Reasons
1. Facts of recognition;
A. The registration of ownership transfer was completed in the name of the Plaintiff as of December 16, 1991 by the Jeonju District Court DDR registry No. 9152 on the grounds of inheritance by consultation division on August 8, 1991 with respect to the forest land of 109 forest land 7,537 square meters (hereinafter “the forest before the division”) in Fririsan, Fri, 20,000 prior to the division. On May 17, 1999, the registration of ownership transfer was completed in the name of the Plaintiff as of May 21, 1999 by Defendant OOO, GG, FF, and LL No. 7537 under the name of Defendant OO, GG, FF, and LL.
B. On September 4, 199, the forest land prior to the instant subdivision was divided into 109,00 square meters in Fririsan 109,000,000,0000 (hereinafter referred to as "109 forest land after the division"), 109-1,610 square meters in risan (hereinafter referred to as "109-1 forest after the division"), 109-2 forest land in risan 109-2 forest in risan 109-2 forest after the division (hereinafter referred to as "san 109-2 forest after the division"), and the registered matters of the forest prior to the instant subdivision were entirely transferred to each certified copy of the forest register after the division.
C. On the other hand, as to forest land No. 109 after division:
1) As to Defendant GG, FF, and LL’s respective share of 402.5 percent of their respective 7537 shares in relation to the forest above, Defendant HH had completed the registration of creation of a neighboring mortgage on January 14, 2002 by the Jeonju District Court DD Registry receipt No. 311 on January 14, 2002, on the basis of a contract signed on January 10, 2002, for the establishment of a neighboring mortgage on the ground of the contract signed on January 10, 2002.
2) As to Defendant OO’s share 402.5/7537, the registration of share seizure was made at the same registry office as of July 14, 2001 at the same registry office as of July 14, 2001 at the same registry office; the registration of share seizure was made by the Defendant Republic of Korea as of April 11, 2003 at the same registry office; the registration of share seizure was made by the Defendant Seoul △△△△△△ (hereinafter “Defendant Seoul △△△△”), and the registration of share provisional seizure was made by the same registry office as of May 2, 2007 at the same registry office
3) With respect to Defendant GG’s share 402.5/7537, the registration of share seizure under the Republic of Korea’s receipt No. 6983 of August 14, 2002 by the same registry office; the registration of share seizure under the Korea Labor Welfare Corporation’s receipt No. 6817 of August 22, 2003 by the same registry office; the registration of share seizure under the Korea Labor Welfare Corporation’s receipt of notification No. 6817 of June 22, 2006 by the former registry office’s receipt of notification No. 6225 of June 22, 2006; and the registration of share seizure under the Korea Labor Welfare Corporation’s receipt of
4) As to Defendant FF’s share 402.5/7537, the registration of share seizure under the receipt No. 2489 of February 22, 2007 at the same registry office of Changwon, the registration of share seizure under the receipt of No. 5814 of April 19, 2007 at the same registry office of the Republic of Korea, and the registration of share seizure under the receipt of No. 13815 of October 5, 2007 at the same registry office of the Republic of Korea;
5) The Korea Housing Finance Corporation (the management agency of the Korea Housing Finance Corporation was changed from March 1, 2004 to "Korea Housing Finance Corporation" from "Korea Housing Finance Corporation" in accordance with Articles 1, 5, and 58 of the Korea Housing Finance Corporation Act, and Articles 1, 2, and 6 of the Addenda; hereinafter "Defendant Korea Housing Finance Corporation") with respect to Defendant LL 402.5 shares, the registration of provisional seizure was completed by the Korea Housing Finance Corporation under the Korea Housing Finance Corporation Act (the Korea Housing Finance Corporation (the Korea Housing Finance Corporation) under the Korea Housing Finance Corporation Act (the Korea Housing Finance Corporation) as the receipt of No. 8403 on September 27, 2003 on December 24, 2003; the registration of provisional seizure was completed by the Korea Housing Corporation (the Korea Housing Finance Corporation) under the Korea Housing Finance Corporation's registry office's receipt of shares on April 29, 2008; the registration of provisional seizure was completed by the Korea Housing Finance Corporation's receipt of shares No. 3614. 197.141.7.
D. As to forest land 109-2 after the division:
1) As to Defendant GG, FF, and LL’s respective share of 402.5 percent of each of their respective 7537 shares in relation to the above forest land, Defendant HH had completed the registration of creation of mortgage on the ground of the contract signed on January 14, 2002 by the maximum debt amount of 23 million won as the receipt of the same registry office on January 14, 2002, and by January 10, 2002.
2) As to Defendant OO’s share 402.5/7537, the registration of share seizure by Defendant Cheongju-si as of July 14, 2001 at the same registry office as of July 14, 2001 at the same registry office; the registration of share seizure by Defendant Korea as of April 11, 2003 at the same registry office; the registration of share seizure by Defendant Cheongju-si as of May 2, 2007 at the same registry office as of May 2, 2007 at the same registry office;
3) With respect to Defendant GG’s share 402.5/7537, the registration of share seizure by the Republic of Korea No. 6983 of the same registry office as of August 14, 2002, and the registration of share seizure by the Korea Workers’ Compensation and Welfare Service No. 6817 of the same registry office as of August 2, 2003;
4) As to Defendant FF’s share 402.5/7537, the registration of equity seizure by the Republic of Korea No. 5814 of April 19, 2007 and the registration of equity seizure by the receipt by the same registry office as 13815 of October 5, 2007;
5) As to Defendant LL’s 402.5/7537 portion, the registration of equity provisional seizure by the Korea Finance Corporation under the Korea Finance Corporation’s receipt No. 8403 of September 27, 2003 by the same registry office, the registration of equity seizure under the Korea Finance Corporation’s receipt of December 24, 2003 by the same registry office, the registration of equity seizure under the receipt of No. 5894 on April 29, 2008 by the same registry office, the registration of equity seizure under the receipt of No. 8231 on June 13, 2008 by Defendant Kim Jong-si, the registration of equity seizure under the Korea Finance Corporation’s receipt of No. 9401 on September 7, 2011 by the same registry office, the registration of equity seizure under the Korea Finance Corporation’s receipt of the former registry office as the registration of receipt on April 15, 2016, each of them completed.
E. After the division, the Plaintiff sold the entire shares of each forest land in Busan 109 and 109-2 to the Intervenor succeeding to the Plaintiff on February 8, 2017. Accordingly, with respect to each forest land in question, the Plaintiff’s Intervenor succeeding to the Plaintiff completed the registration of transfer of all shares arising from the sale on February 8, 2017, No. 1582, which was received on February 28, 2017, respectively.
바. 피고 예금보험공사는 이 사건 소가 제기된 후인 2018. 1. 31.경 주식회사 ☆☆☆☆☆(이하 '피고 승계참가인'이라 한다)에게 피고 LLL에 대한 채권을 양도하였고, 피고 승계참가인은 피고 예금보험공사로부터 채권양도 통지권한을 위임받아 2018. 4. 25. 경 피고 LLL에게 채권양도사실을 통지하였으며, 위 통지는 그 무렵 피고 LLL에게 도달되었다.
Defendant 2, 3, 4, 5, 8: Confession
The rest of the defendants and the defendant succeeding intervenor: Facts without dispute, Gap evidence 1, Gap evidence 4 through 7, Eul evidence 1 (including the number of pages), the purport of the whole pleadings
2. The plaintiff and the plaintiff's successor's lawsuit against defendant Kim Jong-gun and the plaintiff's lawsuit against defendant Kim Jong-gun
Determination as to the legitimacy of the part of the claim for cancellation of the registration of seizure on January 13, 2012
ex officio against the plaintiff and the plaintiff's successor's action against defendant Kim Jong-gun and defendant Kim Jong-gun
Of the lawsuits, each part of the claim for the procedure of registration of cancellation of the registration of seizure No. 670, which was received by January 13, 2012,
We examine the legitimacy of law.
If the registration is cancelled for reasons such as cancellation, etc. in the course of a lawsuit seeking the cancellation of the registration of equity seizure, there is no legal interest to seek cancellation of the registration of equity seizure. According to the aforementioned evidence, the former Jeju District Court DDR in the name of defendant Kim Jong-si with respect to forest land No. 8433 on August 21, 2006 was cancelled for reasons of cancellation on the same date under Article 9558 of the receipt of the same registry office on November 2, 2016, and the fact that the registration of cancellation of equity seizure under the name of defendant Kim Jong-si with respect to forest land No. 8231 on June 13, 2017 was cancelled for reasons of cancellation on September 8, 2017, the fact that the registration of cancellation of equity seizure under the name of the same registry office in the name of defendant Kim Jong-si with respect to forest land No. 8433 on June 13, 2016 was cancelled for reasons of cancellation on the same date.
3. The Plaintiff’s succeeding intervenor’s claim against Defendant GG, FF, LL, HH, and the Korea Workers’ Compensation and Welfare Service is obligated to seek cancellation of part of the ownership transfer registration under the above Defendants’ titles, for which the Plaintiff’s succeeding intervenor filed a claim against Defendant GG, FG, FF, FF, and LL for cancellation of the above ownership transfer registration, and for which the Plaintiff’s succeeding intervenor filed a claim against Defendant GG, FF, H, and LL for cancellation of the above ownership transfer registration. Furthermore, the said Defendants did not dispute the Plaintiff’s succeeding intervenor’s claim. As such, Defendant GG, FF, and LL are obligated to cancel the pertinent registration of ownership transfer based on the pertinent registration of DD registry of the former District Court on May 21, 199, and to cancel the pertinent registration of ownership transfer based on the ownership transfer registration of each of the Defendants’ respective registrations of the Korea Workers’ Compensation and Welfare Service.
4. The judgment on the part of the plaintiff's succeeding intervenor's claims against Defendant OO, Cheongju-si, Korea Housing Finance Corporation, Jeonju-si, Changwon-si, Seoul Maritime Affairs and Fisheries Corporation, the Korea Deposit Insurance Corporation, and the National Health Insurance Corporation, as well as claims against the defendant's succeeding intervenor, and the remainder of the claims against Defendant
A. Summary of the assertion
The Plaintiff’s succeeding intervenor sold only the portion corresponding to 109-1 forest land after the division to Defendant OOO, GGG, FF, and LL, from among the forest land before the division of this case. Since the ownership transfer registration was completed in the name of the above Defendants with respect to the forest land of 109, 109-2 after the division, as well as the forest land of 109-1 forest land after the division, due to the reasons not only caused but also after the division, the ownership transfer registration in the above Defendants’ name should be cancelled as the registration of invalidation. Accordingly, Defendant Cheongju-si, Korea, Jeonju-si, Changju-si, Changju-si, and National Health Insurance Corporation, Seoul National Housing Corporation, Korea Deposit Insurance Corporation, and Defendant succeeding intervenor, who are interested parties, have a duty to express their intent to consent to the cancellation of the above ownership transfer registration.
B. Determination
In light of the above facts, if the part purchased by the Defendants was first divided out of the forest before the division and the part purchased by the Defendants was completed and the registration of ownership transfer was completed for the part of the land before the division, it is reasonable to conduct the registration of ownership transfer for the part of the land before the division. However, after the registration of ownership transfer was completed in the above Defendants’ name, the part of the forest before the division was divided and divided into 109-1,109-2 forest after the division was completed. ② The Plaintiff’s successor did not submit a sales contract to prove the assertion, as otherwise asserted by the Plaintiff’s succeeding intervenor, and the part of the land before the division was partially invalidated by Defendant OO, GG, FG, FF and LL, and the part of the land before the division, the Plaintiff’s claim for registration of ownership transfer was not accepted for more than seven years, and the Plaintiff’s legal claim for registration of ownership transfer was not accepted. However, the Plaintiff’s legal claim for registration of ownership transfer was not accepted.
5. Determination as to the remainder of the plaintiff's claims, excluding the dismissed part under paragraph (2)
As seen earlier, the Plaintiff transferred the entire shares of each forest land in Busan 109 and 109-2 to the Intervenor succeeding to the Plaintiff on February 8, 2017 after the division. As such, the Plaintiff’s remaining Defendants (i.e., Defendant OO, GG, FF, LL, HH, Cheongju, Cheongju, Korea Housing Finance Corporation, Korea Housing Finance Corporation, Jeonju, Changju, Changsi, Seoul Cheongju, Maritime Deposit Insurance Corporation, the Korea Deposit Insurance Corporation, and the remainder of the claims against Defendant Fullju, without any need for further review.
6. Conclusion
Thus, the part of the plaintiff and the plaintiff's successor's claim for cancellation of the registration of share seizure as of January 13, 2012, among the lawsuits against the defendant Kim Jong-si and the plaintiff's successor's claims against the defendant Kim Jong-gun, is dismissed as unlawful. The plaintiff's successor's claims against the defendant GG, FF, LL, HH, and the Korea Housing Finance Corporation, Jeonju-si, Changwon-si, Seoul Cheongju, Seoul Maritime Maritime Affairs and Fisheries Corporation, the Korea Deposit Insurance Corporation, the National Health Insurance Corporation, the defendant's successor's remaining claims against the defendants except the plaintiff's defendant Kim Jong-gun, the plaintiff's remaining claims against the defendants except for the plaintiff's defendant Kim Jong-si, and the plaintiff's remaining claims against the defendant Jeon-gun are dismissed as all of the grounds for rejection.