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(영문) 수원지방법원 2018.06.14 2017구합69183
압류처분취소
Text

1. Attached Table 1 attached to the disposition of seizure taken by the Defendant on August 29, 2016 for each real estate listed in Attached Table 2.

Reasons

1. Details of the disposition;

A. 1) On June 29, 1995, the Plaintiff is a truster and beneficiary, B corporation, and trustee, and the trust property is a 27,308 square meters and the 4th underground floor newly constructed on the land in Sungnam-si, Sungnam-si and the 7th ground-based D terminal and complex building (hereinafter collectively referred to as “instant trust real estate”).

2) The trust contract under the terms and conditions of the instant trust contract (hereinafter “instant trust contract”).

2) On August 14, 1997 and November 29, 2000, B concluded a registration of ownership transfer and registration of ownership transfer under the name of B as to the instant trusted property, and each of the instant trusted property was completed on April 25, 2003.

3) B Co., Ltd. was declared bankrupt on June 2, 2003 by Suwon District Court 2003Hamhap4 on June 2, 2003 (hereinafter “B”) and was declared bankrupt (hereinafter “Bankruptcy Corporation”).

(2) On May 9, 2005, the head of Seongbuk-si branch office, Sungnam-si, upon delegation by the defendant, shall specify the total amount of six local taxes in arrears of the plaintiff on May 9, 2005 as KRW 1,601,952,250 [the total amount of six local taxes in arrears of the plaintiff from October 31, 2001 to August 31, 2004] the annual number of delinquent local taxes in the attached Table 1 list (including attached files, hereinafter the same shall apply) and each local tax in arrears of the plaintiff on January 2 through 7, 2005, as shown in attached Table 1 list.

[2] In order to collect, the Plaintiff’s right to claim for ownership transfer registration of the instant trusted real estate held against the bankrupt corporation due to the termination, etc. of the instant trust agreement (hereinafter “instant claim”).

[Attachment] (hereinafter “instant First Claim Attachment”)

The notification of the attachment of the first claim was served on May 12, 2005 to the bankruptcy corporation.

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