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(영문) 서울남부지방법원 2017.05.12 2016가합1565

배당이의

Text

1. The plaintiff (Counterclaim defendant)'s primary and primary claims are all dismissed.

2. The costs of lawsuit shall be the principal lawsuit.

Reasons

1. Basic facts

A. On August 10, 2015, the Plaintiff: (a) received a provisional attachment order from the Jung-gu District Court 2015Kadan50285 on August 10, 2015; (b) completed the registration of provisional attachment (the claimed amount KRW 1,195,745,244) by the Gangseo-gu District Court 65732 on August 10, 2015; and (c) completed the registration of provisional attachment (the claimed amount KRW 1,195,745,244) by the same registry office on July 27, 2015 on the ground of a contract for establishing a collateral security (mortgage) as a national tax collection authority on August 12, 2015; and (d) completed the registration of provisional attachment (the maximum amount of claims KRW 500,500,000) with the total amount of national tax imposed on July 3, 2015, the Defendant seized the instant real property as the global income tax collection authority (the total tax amount of KRW 34531,54.34.

B. On September 1, 2015, Seoul Southern District Court (Auction 7) rendered a compulsory decision to commence compulsory auction on the instant real estate on September 1, 2015 (hereinafter “instant auction”), and the said auction court is “instant auction court”.

() On October 30, 2015, the completion period for the demand for distribution was determined as of October 30, 2015. The instant real estate was sold from the said auction procedure on March 28, 2016. (2) On December 17, 2015, the head of the Gangseo-gu Tax Office, the Defendant-affiliated Tax Office, prepared a written request for the delivery of the increased tax amount of KRW 346,067,060, and the increased tax amount of KRW 346,060, and sent it to the Seoul Southern District Court. The said written request for delivery was received at the instant auction court on December 21, 2015.

3. On April 15, 2016, the director of the Gangseo-gu Tax Office under the defendant's jurisdiction prepared a written request for the delivery of the increased tax amount of KRW 356,804,410, and the increased tax amount of KRW 356,80, and the date of distribution to the Seoul Southern District Court. The said written request was received at the auction court of this case on April 19, 2016.

(c) the distribution schedule;