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(영문) 창원지방법원 통영지원 2018.11.20 2018가단3341
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff filed an application for the instant auction of real estate (hereinafter “instant auction”) with respect to the instant officetels as a person of chonsegwon and 7 Na 703 (hereinafter “the instant officetel”) with the Changwon District Court Tong branching Branch of the Changwon District Court, as a person of chonsegwon and 7 Na 703 (hereinafter “the instant officetel”).

B. In the instant auction procedure, when the instant officetel was sold and the price was paid, the auction court, on July 25, 2018, prepared a distribution schedule that distributes KRW 92,389,701 to be actually distributed on the date of distribution as indicated below (hereinafter “instant distribution schedule”).

Distribution priority creditors (the pertinent tax) shall have the right to deliver 560,250,250, 250, 250 2, 35,584,018 2 Plaintiffs 135,00,277,2712, 87,828,760, 4,968,162, 162

C. On the aforementioned date of distribution, the Plaintiff raised an objection to the entire amount of distribution to the Defendant, and filed a lawsuit of demurrer against distribution on August 1, 2018, which was seven days or less thereafter.

2. Determination as to the ground for claim

A. The main point of the Plaintiff’s assertion was that the 13th office officetels was owned, including the instant officetel, and thus, in relation to the insurance premium in arrears, the Defendant demanded a delivery in proportion to each officetel. However, the Defendant first requested the delivery of the total amount of the insurance premium in arrears during the auction procedure of the instant auction procedure, which was the most advanced.

Therefore, the distribution schedule of this case must be revised as stated in the purport of the claim.

(b) The judgment is examined, and Article 81 (3) of the National Health Insurance Act provides that "the Corporation shall, upon receiving a demand under paragraph (1), pay the insurance premium, etc. by the deadline for payment.

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