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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 20, 2017, the fire-fighting and credit cooperative applied for a compulsory auction against the Plaintiff’s real estate to the Seo-gu District Court Branch B (hereinafter “instant case”). On May 18, 2017, the Defendant submitted a written request for delivery in the instant case.
B. After that, on April 26, 2018, in the instant case, the distribution schedule was formulated to the following purport (hereinafter “instant distribution schedule”). The Plaintiff raised an objection against the amount of dividends to the Defendant out of the distribution schedule.
(E) The principal amount of 7,440,000 11,950,040,040 4,592,888 interest 1,359,869, 00 00 for the Defendant of the Plaintiff’s claim against the Defendant of the fire-fighting and credit cooperative for payment of KRW 8,79,869,869, 11,950,040,592,8888 dividends order 123 per 123 reasons, the debtor and the owner (the mortgagee) of the Plaintiff’s claim and the debtor holding the claim for payment of KRW 19,50,000 (the mortgagee) 8,79,869, 11,959,040,040,592,8888, 100% of the total pleadings [recognition-based grounds] The purport of the lawsuit as to the Plaintiff’s claim and the purport of the entire pleadings
2. As to the Plaintiff’s assertion, the Plaintiff obtained the status of the basic recipient on September 13, 2017, which was before the Plaintiff’s real estate was sold, in the instant case, and the Defendant did not perform the above obligation despite having been resolved by the finance operation committee, and accordingly, asserted that the amount of dividends to the Defendant out of the instant dividend table should be KRW 11,950,040,040, and KRW 16,592,888,00,000,000,000 won, and KRW 16,542,928,000,000 won,
According to Article 84 (1) of the National Health Insurance Act, and Article 50 of the Enforcement Decree of the same Act, where the amount to be appropriated for arrears after the disposition on default falls short of the amount in arrears, the National Health Insurance Corporation confirms that there is no room for remainder if there is no property of the defaulted taxpayer or the estimated price of total property which is the object of the disposition on default is appropriated for the disposition on default.