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(영문) 서울행정법원 2017.10.20 2017구합57189

종합소득세 등 납세고지 처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On September 4, 2007, the Plaintiff invested KRW 500,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,0000,000,0000,0000,0000,0000,0000,0000,0000,000,000,000,000

B. On September 4, 2007, the Plaintiff provided, as security, 527 Dong-dong, Songpa-gu, Seoul (hereinafter “E apartment”) to the Highdong Saemaul Depository, and loaned KRW 520 million, KRW 70,000, KRW 150,000, KRW 1,650,000, KRW 3,130,000, and KRW 5,000,000, in total, from September 6, 2007 to October 1, 2007, and paid KRW 485,00,000,000 as investment money.

C. B entered into a sales contract with F (Agent G) on September 6, 2007 to purchase each of the instant lands in KRW 2 billion, and F with the money received from the Plaintiff as the down payment of KRW 150 million on September 6, 2007, and the intermediate payment of KRW 250 million on September 7, 2007, respectively, paid KRW 430 million on September 7, 2007 to H, and used KRW 30 million in total by paying the brokerage commission of KRW 30 million on September 7, 2007.

B Even though F and G were the land of this case, they were deceiving F and G to secure access routes, and they were accused of fraud. Of them, G was convicted of fraud on January 21, 201 (Seoul East Eastern District Court 2010dan221), and the judgment was finalized on December 8, 2011.

E. On August 4, 2009, the Plaintiff filed an application for provisional attachment against F in subrogation of insolvent B, as a creditor to refund investment funds to B, on August 4, 2009. On August 14, 2009, the Plaintiff deposited KRW 50,000,000 as a guarantee, and was issued a provisional attachment order on August 17, 2009 (U.S. District Court 2009Kadan51226).

The plaintiff.