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(영문) 서울북부지방법원 2020.10.29 2019가합1217
압류등기말소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 1, 201, the Plaintiff leased 5 billion won to B Co., Ltd. (hereinafter “B”), and entered into an agreement between B and B, and between B, among the sectional sections (718) of the building D, which is a building on the ground of 3273 square meters in Dongdaemun-gu Seoul Metropolitan Government (hereinafter “instant building”), that was scheduled to be acquired immediately around that time, the Plaintiff was provided as security for all the commercial buildings from the first floor to the eightth floor above the ground that was planned to be acquired by B, and if B fails to pay the total amount of KRW 5 billion and KRW 5 billion agreed to pay the development profit contribution to the Plaintiff within three months, the Plaintiff was paid the said amount as the price for the sale of the said real estate, or transferred the said real estate under the name of the Plaintiff (hereinafter “instant loan agreement”).

B. B, around June 3, 2011, purchased five billion won borrowed from the Plaintiff as above, and completed the registration of ownership transfer on June 16, 201, and completed the registration of trust in the name of E around February 3, 2012, and completed the registration of ownership transfer again on the ground of the reversion of the above trust property on December 11, 201.

C. B, on February 18, 2013, among the above 392 sections of each of the above 392 sections, on which ownership was acquired, the provisional registration of the right to claim ownership transfer (hereinafter “each of the instant provisional registrations”) was completed on February 15, 2013 in the name of the Plaintiff on February 15, 2013.

After that, the defendant Dongdaemun-gu Seoul Metropolitan Government (hereinafter referred to as the "defendant Dongdaemun-gu") completed the attachment registration (hereinafter referred to as the "registration of attachment of Dongdaemun-gu") on each of the instant real estate between January 31, 2018 and September 17, 2018 on the grounds that the total amount of property tax (related tax) imposed on the partitioned buildings owned by Eul among the sectional sections of the instant building was delinquent, and the defendant Seoul Metropolitan Government has completed the attachment registration (hereinafter referred to as the "registration of attachment of Dongdaemun-gu").

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