beta
(영문) 대법원 2016. 10. 13. 선고 2016다229904 판결

(심리불속행)압류에 선행하는 가처분등기와 청구기초가 동일한 양도담보권은 조세채권보다 배당순위가 우선함[국패]

Case Number of the immediately preceding lawsuit

Gwangju High Court (former High Court) 2015Na100452 (Law No. 19, 2016)

Title

(C) The same security interest as the provisional disposition prior to the seizure and the claim basis are the same priority over the taxation claims.

Summary

(b) The same security interest as the provisional disposition prior to the seizure takes precedence over the taxation claims in the priority of the dividend order.

Related statutes

Article 35 of the Framework Act on National Taxes

Cases

Supreme Court-2016-C-229904

Plaintiff-Appellee

○○○ Promotion Foundation

Defendant-Appellant

Judgment of the lower court

Gwangju High Court-2015-Na-100452

Imposition of Judgment

oly 13, 2016

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The records of this case and the judgment below and the grounds of appeal were examined, but the appellant's grounds of appeal are examined.

The argument regarding the procedure of appeal does not include the reasons prescribed in the subparagraphs of Article 4(1) of the Act on Special Cases concerning the Procedure of Appeal.

The appeal is dismissed in accordance with Article 5 of the same Act. It is so decided as per Disposition by the assent of all participating Justices on the bench.