부당이득금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts
A. A limited liability company specialized in the first-class securitization filed a lawsuit against A, etc. seeking the payment of takeover amount as Daegu District Court Decision 2003Kadan94372, and the Plaintiff (the Plaintiff, the Plaintiff, the Plaintiff, and the Plaintiff, the Plaintiff, etc., participated in the said lawsuit as the succeeding intervenor.
Since then, a judgment was rendered to the effect that “A shall pay KRW 144,857,372 to the Intervenor succeeding to the Plaintiff,” which became final and conclusive on March 11, 2004.
B. The Plaintiff filed an application for provisional seizure of real estate in relation to the real estate B, C, Gyeongbuk-gun D and E owned by the Daegu District Court 2004Kadan38463, and completed provisional seizure on September 14, 2004. The Plaintiff completed provisional seizure on each of the above real estate on September 15, 2004.
C. On March 18, 1996, the Dong Daegu Tax Office, under the defendant, completed the attachment registration (hereinafter “instant attachment registration”) on the real estate in the above B and C as of March 15, 1996, and completed the attachment registration on the above D and E as of September 3, 1996. < Amended by Presidential Decree No. 15183, Sep. 9, 1996>
On the other hand, the Daegu Suwon-gu completed the attachment registration on February 21, 2007, on the grounds of the attachment on February 15, 2007 with regard to the above B and C real estate.
E. On November 15, 2012, which was the final date for the demand for distribution ( January 15, 2013) in the said voluntary auction case, the Daegu District Court (Seoul District Court), filed a request for the issuance of the total amount of KRW 440,713,450 of the national taxes collected in arrears with the said court on November 15, 2012.
F. During the said voluntary auction procedure, KRW 125,713,687, which is to be distributed actually on May 29, 2013, is KRW 83,601,030 (in light of the fact that the distribution ratio is 100%, it appears that the Daegu District Court corrected the amount claimed for delivery after the request for delivery made on November 15, 2012 to KRW 83,601,030), and the remainder of KRW 42.2