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(영문) 대구지방법원경주지원 2019.05.29 2018가단3642

부당이득반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Nonparty B, who owned each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), had completed the registration of the establishment of a neighboring real estate under the No. 5787, which was received on February 1, 2016, with respect to each of the instant real estate to Nonparty C.

B. On October 20, 2016, the Plaintiff completed a supplementary registration prior to the aforementioned right to collateral security.

C. On November 15, 2016, upon the Plaintiff’s request, the mortgagee, the mortgagee of the right to collateral security, rendered a decision to voluntarily commence the auction on each of the instant real estate to D. The final date for the demand for distribution was set on January 25, 2017.

On December 2, 2016, the Defendant filed a second claim for delivery with the amount of request for delivery to B as “including the increased additional dues to be added each month by the date of payment and by the date of distribution” in the auction court on December 2, 2016, and the amount of request for delivery on November 14, 2017, stating “225,371,780 won and the increased additional dues to be added each month by the date of distribution” respectively. The above amount of national tax and additional dues requested for delivery was “national tax before February 1, 2016, the statutory due date of which was the date of payment of the principal tax was the date of the establishment of the right to collateral security” and “additional dues that were created after the due date of payment of the principal tax was later than the principal tax established before the due date, but shall take precedence over the additional dues.

(Ad. The details of this paragraph shall be as follows.

The statutory due date for the issuance of the tax items as of December 2, 2016 (the due date for payment) is the first 8,16,590,8408,116,5903,658,520 on July 25, 2015 (the due date for the delivery of the national tax as of November 14, 2017), additional dues for national tax (won) and additional dues (won) value added on January 25, 2015 (the due date for the delivery of the national tax as of March 15, 2015), but the Defendant appears to have issued the statutory due date of delivery on October 15, 2015 (the due date for the delivery of the national tax as of March 15, 2015), but appears to have been written on July 3, 2015 (the due date for the delivery of the national tax as of July 31, 2015);

National taxes of 12,140,660 12,140,660,660 on January 25, 2016 ( March 31, 2016) plus 62,861,470 on the aggregate of 35,324,310,324,324,310 on January 25, 2016 ( March 31, 2016) 62,861,470,131,90.