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(영문) 서울행정법원 2016.06.09 2015구합79475
공매처분 무효확인의 소
Text

1. The plaintiff A's lawsuit shall be dismissed.

2. The plaintiff B and C's claims are dismissed, respectively.

3. The costs of lawsuit are assessed against the plaintiffs.

Reasons

On June 5, 2008, Plaintiff A (1) on August 25, 2006, Plaintiff A (1 billion won for lease on a deposit basis, and up to August 24, 2008) 2, EF Savings Bank Co. 2, EF on March 23, 2007, Seocho-gu Seoul Metropolitan Government (the maximum bond amount of KRW 1.87 billion) registered the establishment of a mortgage (the maximum bond amount of KRW 1.872 billion) on December 24, 2007, the following registration was requested to the Defendant on June 5, 2008, the attachment registration No. 4 Republic of Korea (the Disposition Office) on June 4, 2008, the attachment registration No. 104dong 101 (hereinafter referred to as the “instant apartment”). In order to collect D’s tax in arrears, the head of Yangyang District Tax Office entrusted the Defendant with a public auction on April 30, 2010.

On July 14, 2010, the Defendant issued a public notification of the attachment of the instant apartment on the following grounds: “Appraisal information: KRW 2.4 billion: Lease information: Lease information: Chonsegwon (Plaintiff A) and major information on the certified copy of the register: First Chonsegwon (1. billion won in the amount of registration, August 25, 2006) (Plaintiff A, 1.0 billion in the amount of registration, establishment) and second collateral security (No. 1.872 billion in the amount of registration, establishment, etc., March 23, 2007), third voluntary auction (registration, Aug. 1, 2007), fourth priority attachment (registration, Seocho-gu, Seoul Central District Court, Aug. 1, 2007), and attached conditions (registration, etc.): The condition that the lease on a deposit basis not extinguished due to sale should be borne by the buyer, and the conditions that the buyer should be cancelled at the time of prior investigation.”

On July 2010, based on the notice of public auction, the Defendant and the delinquent taxpayer of the instant apartment and the owner of the instant apartment, respectively, notified the public auction to each of the persons holding the right to lease on a deposit basis, mortgage, etc. on the instant apartment, and the Plaintiff A, who was the person having chonsegwon, received the notice on August 7, 2010.

Plaintiff

B and C bid at the public auction procedure on October 14, 2010, KRW 120,000,000,000, and was decided on October 15, 201 by the Defendant.

(hereinafter “instant public auction disposition”). The Defendant shall distribute the distribution date after designating it as December 2, 2010.

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