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(영문) 서울중앙지방법원 2019.03.26 2018가단5150784

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B, as the owner of 76,036 square meters of forests and fields C (hereinafter “instant real estate”), the B completed on September 20, 199 the registration of the establishment of the instant real estate with respect to D, the debtor B, the mortgagee D, the maximum debt amount of KRW 260,000,000 (hereinafter “instant collateral security registration”).

B. On October 18, 2013, the director of the tax office at the port completed the attachment registration based on the disposition on default on the instant real estate on the ground that B did not pay taxes.

The Korea Asset Management Corporation, on behalf of the director of the tax office of the Port, conducted a public auction procedure on the instant real estate, and prepared a distribution statement (hereinafter referred to as "the original distribution statement") that allocates the amount of 58,563,820 won to be distributed on July 16, 2014, 40,766,320 won for the first disposition on default, 40,760 won for the second disposition on default, 40,760 won for the second disposition on default, D5,710,000 won for the third disposition on collective security (hereinafter referred to as "the instant amount"), and 746,740 won for the fourth disposition on distribution, which is the date of distribution.

C. On July 1, 2014, D transferred the instant claim on the instant shares to the Plaintiff, and notified the Korea Asset Management Corporation thereof.

When the Korea Asset Management Corporation raises an objection to the allocation of the instant amount from B on the date of distribution, it granted the remainder of the distribution except the instant amount to each distribution authority, and then remitted the instant amount to the head of the tax office on July 25, 2014, and the head of the tax office deposited the amount as the government custody deposit, and B withdraws the distribution objection on July 28, 2014.

E. On July 28, 2014, the Korea Asset Management Corporation requested the director of the Port Tax Office to deposit the amount of KRW 5,721,620 (i.e., the amount of KRW 55,710,00 and KRW 11,620) paid-in reserve with the Plaintiff’s account and to notify the result of the settlement of payment, but the head of the Port Tax Office is doubtful on the ground that there is doubt about the instant amount distribution.