공매처분취소
1. All plaintiffs' lawsuits are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. On December 21, 2016, the public owner market seized the instant real estate owned by the company on the grounds of the delinquency in tax, etc. of H, designated as the secondary taxpayer of G Co., Ltd. G, a delinquent taxpayer, and requested the Defendant to vicariously sell the instant real estate by public auction.
B. On April 4, 2018, the Defendant issued a public auction notice to the effect that the first estimated sale price for the instant real estate is KRW 536,00,000,000 for the bid period, the bid period is from June 10, 200 to July 11, 2018, the final date for the request for distribution is from June 4, 2018, and the public auction is to be conducted on May 21, 2018 (hereinafter referred to as “instant public auction notice”); and the Defendant conducted public auction procedures, such as notification of the public auction.
(hereinafter referred to as “instant public auction procedure”) C.
Meanwhile, on the other hand, the Defendant conducted an investigation into the current status of the instant real estate on March 14, 2018 and March 22, 2018, and written on the basis of the results thereof, the “detailed description of attached property for public sale (Evidence A A-1-1)” was erroneously stated that “the statutory date is October 5, 201,” rather than “the date of September 30, 201 or August 31, 201.”
On July 16, 2018, the Defendant rendered a decision to sell the instant real estate in KRW 322,020,000 to I Co., Ltd. (hereinafter “instant sales decision”).
E. The Plaintiffs, who are the lessees of the instant real estate, did not demand a report and distribution of the claim by May 21, 2018, which is the closing date for the instant public auction procedure. On August 13, 2018, the Plaintiffs filed a request for review with the purport to seek revocation of the instant public auction procedure and re-auction by asserting the illegality of the instant public auction procedure and seeking a revocation of the instant public auction procedure, on the grounds that “the statutory due date was erroneously stated in the process of the instant public auction procedure, and failed to make a request for distribution due to the lack of proper notification of the instant
On October 1, 2018, the applicants for this issue are illegal or unfair from the disposition agency in accordance with local tax law.