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1. Of the distribution schedule prepared by the said court on August 14, 2019 in the Busan District Court CF auction case, the said court was among the distribution schedule.
Reasons
1. Basic facts
A. On July 6, 2017, the Plaintiff entered into a car lease agreement (hereinafter “instant lease agreement”) with D on the instant vehicle Ewing III (hereinafter “instant vehicle”), and agreed to have the owner of the instant vehicle as the Plaintiff, irrespective of the registered name of the instant vehicle.
B. D around July 11, 2017, completed the registration of transfer of ownership on the instant automobile, and the Plaintiff completed the registration of establishment of a mortgage with the value of the instant automobile KRW 26,420,000 on the same day.
C. As a mortgagee, the Plaintiff applied for the instant automobile auction to Busan District Court C, and received a decision on commencing auction from the above court on September 13, 2018, and the above auction procedure (hereinafter “instant auction procedure”), Defendant National Health Insurance Corporation filed a request for the issuance of the pertinent tax and the pertinent tax against D, respectively.
On August 14, 2019, the above auction court prepared a distribution schedule with the following contents (hereinafter “instant distribution schedule”) regarding KRW 10,078,935 of the amount to be actually distributed on the date of distribution:
Defendant 2 Defendant 1’s 27,880 27,880 27,880,370 of the Dong-gu Busan Metropolitan City Office of Busan Metropolitan City on the grounds of distribution of dividends, Defendant 117,50 75,329 Non-relevant Tax 27,687,684 8,605,395 of the Seoul Metropolitan City Office of Dong-gu, Busan Metropolitan City on the grounds of distribution of dividends
E. On August 14, 2019, the Plaintiff appeared on the date of distribution on August 14, 2019, and raised an objection against the total amount of the above dividends to Defendant National Health Insurance Corporation and the above second-order dividends to Defendant Dong-gu Busan Metropolitan City Office, and filed the instant lawsuit on August 21, 2018, which was within seven days from the date of distribution.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings
2. Determination as to the cause of the claim