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1. The Defendant’s KRW 189,713,974 for the Plaintiff and KRW 5% per annum from April 9, 2015 to February 16, 2016.
Reasons
1. Fact that there is no dispute over basic facts [based for recognition], Gap evidence Nos. 1 through 11, 13 (including additional numbers), Eul evidence Nos. 1 through 5, 7, and 8, and the purport of the whole pleadings;
A. On April 25, 2011, the Plaintiff and B obtained a seizure and collection order (Seoul Eastern District Court Decision 2011TTT9367; hereinafter “instant seizure”) against C’s preferential profit claim against C’s C’s C’s C’s C’s C’s C’s C’s asset trust under the land trust agreement in Seocho-gu Seoul Metropolitan Government (hereinafter “C’s asset trust”) based on an executory deed (No. 283, 2010, hereinafter “instant notarial deed”). The said order was served on C’s asset trust on April 28, 2011.
B. Around January 4, 2012, the head of the Gangnam-gu District Tax Office, the Defendant, notified C of the total amount of KRW 2,328,604,690,00, total amount of global income tax and additional tax for interim prepayment for the year 201, and around October 25, 2012, notified of the total amount of KRW 1,921,916,430, total amount of global income tax and additional tax for the year 2011, and was appropriated for KRW 1,112,195,920 among the total amount of KRW 2,328,60,690.
C. As to the instant claims, several recommendations, provisional seizures, etc. were made in addition to the instant seizures, and the Crocco asset trust was deposited in accordance with Article 248(1) of the Civil Execution Act (hereinafter “instant deposit”) on November 19, 2012 on the ground that there were several recommendations, provisional seizures, etc. as to the instant claims by the Seoul Eastern District Court No. 4743, the Seoul Eastern District Court deposited KRW 3,791,594,849 in accordance with Article 248(1) of the Civil Execution Act.
Meanwhile, the Defendant seized the instant claim under the aforementioned taxation claim against C on several occasions pursuant to the disposition on default, and the interim prepayment tax (including additional tax) on global income for which 2011 was commenced from the dividend procedure (Seoul Eastern District Court E; hereinafter “instant dividend procedure”) commenced for the instant deposit.