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(영문) 서울중앙지방법원 2015.08.13 2014가합581191

부당이득금

Text

1. The part of the lawsuit of this case against Defendant A regarding the claim for restitution of unjust enrichment is dismissed.

2. The plaintiff's defendant.

Reasons

1. Basic facts

A. Tax claims D against the Plaintiff D Co., Ltd. (hereinafter “D”) did not pay national taxes of KRW 21,867,504,240 for corporate tax of 202, value-added tax of KRW 1,312,094,820 for two years 2002, and KRW 28,272,280 for value-added tax of KRW 186,630,540,540 for value-added tax of KRW 186,630,540 for one year 203.

D by January 6, 2015, total delinquent tax amount against the Plaintiff is KRW 23,394,501,880 (= KRW 21,867,504,240) (= KRW 1,312,094,820 won) 28,272,280 won, 136,630,540 won.

B. The entire real estate in the attached list (the Defendant’s living real estate trust (hereinafter “Defendant’s living real estate trust”)

1) F Co., Ltd. (hereinafter referred to as “F”) (hereinafter referred to as the “instant real estate”) with respect to the share of all co-owners, including shares; 1) the voluntary auction process for the instant real estate

(A) The co-owners’ share in the entire real estate in [Attachment] List No. 1 (the shares in the entire co-owners, including the shares in the Defendant’s living real estate trust; hereinafter “instant land”).

(A) The entire share of the real estate as indicated in [Attachment 2-25] and [Attachment 2-25] (the share of all co-owners, including the share of the Defendant’s living real estate trust; hereinafter “instant building”) and the instant land and the instant building are combined to “the instant real estate”.

(2) D) At the time of the foreign exchange crisis around November 1997, F was in a state of bankruptcy, and D also has been in a chain of bankruptcy on February 1, 1998.

3) The National Bank, Inc., Ltd., a creditor of F and the mortgagee of the instant real estate (hereinafter “National Bank”).

) On October 27, 1999 upon the motion of the creditor and Korea Asset Management Corporation, the auction procedure was initiated regarding the instant real estate (after that, there was a double decision on commencement of auction by the creditor and Korea Asset Management Corporation).

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