배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 7, 2015, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), the procedure for compulsory auction was initiated to this court C on October 7, 2015 upon the creditor Dream Co., Ltd.’s application for compulsory auction.
B. In the above auction procedure, the instant real estate was sold to D on February 7, 2017. On March 17, 2017, the date of the distribution, the sales price of KRW 1,165,936,658, which was the date of the distribution, was the amount of KRW 1,594,830 out of KRW 1,594,830, which was the amount actually distributed after deducting the execution cost from the amount added to the interest for the sale price; and KRW 571,16,575, which was the holder of the right of delivery, to Yangcheon-gu Seoul Metropolitan Government, which was the holder of the right of delivery; and KRW 143,883,425, which was the holder of the right of pledge on the collective security; KRW 120,00,000, KRW 165,416,786, which was the holder of the right of collective security; and KRW 163,925,2525,5,00
C. On March 17, 2017, the date of distribution, the Plaintiff raised an objection to the entire amount distributed by the Defendant. On March 22, 2017, the Plaintiff filed a lawsuit of demurrer against distribution of the instant case, which is within one week thereafter.
[Grounds for recognition] Gap evidence Nos. 1, 5, 6, Eul evidence Nos. 8-1, 2-2, the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. The Plaintiff’s assertion 1) The Defendant is the Defendant’s comprehensive construction of wedding Co., Ltd. (hereinafter “Nonindicted Company”).
(2) The non-party company did not issue a tax invoice under the real estate sales contract to the Plaintiff at the latest on May 2009, and issued the tax invoice to the Plaintiff at the latest on May 20, 2009 to the effect that the Plaintiff did not receive the input tax deduction, on the ground that the Plaintiff did not receive the notification of transfer.