부당이득금반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. The Plaintiff completed the registration of the establishment of a neighboring establishment with respect to C forest land C, C, 878 square meters (hereinafter “real estate 1”) owned by the Plaintiff, as the registration office of Goyang-gu, Goyang-gu, Seoul District Court, as the maximum amount of debt, No. 4446, Jun. 30, 2014; and the debtor B as the debtor.
B. The auction procedure was commenced on April 14, 2016 with respect to the E, E, 477.5 square meters and one-half shares of the buildings on the land (hereinafter “second real estate”) owned by the owner of the first real estate and B, with respect to D Co., Ltd., a collective security right holder, on the application of D Co., Ltd., a collective security right holder, and the auction procedure was completed on April 14, 2016. The first real estate was sold on June 2, 2017, and the second real estate was sold on June 5, 2017 and the ownership transfer registration was completed in the name of each successful bidder.
C. In the instant auction procedure, the Plaintiff submitted a claim registration statement of KRW 52 million on May 3, 2016, and the Defendant submitted a written claim for each of the following issuance due to the unpaid value-added tax on May 4, 2016 and June 23, 2017, respectively, on June 23, 2017.
(However, “2013.05.05.” stated in each of the above requests for delivery is a clerical error in the “written statement of January 25, 2014.” On May 4, 2016, 2016, additional tax for education tax on the statutory due date of the tax item of special rural development tax for the fiscal year and the statutory due date of the tax item of the request for delivery as of May 4, 2016, 341,226,490 value-added tax for 341,226,490, 3149,736,5000, 000, 510, 010, 2010, 2010, 2010, 203-5, 2014-5, 303-13, 1304, 305, 1305, 1304, 1305, 2014.3134
D. During the instant auction procedure, the said court prepared a distribution schedule with the content of allocating KRW 370,161,385 out of the amount of KRW 3,028,837,457 to be distributed on June 27, 2017 to the Defendant as a seizure authority of KRW 493,023,150, out of the amount of KRW 493,023,150.