Profits of lawsuit of demurrer against distribution

Even if the distribution of dividends against the defendant is illegal, if the plaintiff is not in the position to receive the distribution in the distribution procedure, there is no benefit to file a lawsuit of demurrer against distribution.

Article 24 of the National Tax Collection Act

Daegu District Court 2013dan51862 (No. 30, 2014)

AA

Korea

4, 2014

September 30, 2014

1. The plaintiff's lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Of the distribution schedule prepared on October 18, 2013 by the competent court with respect to a compulsory auction case for real estate (Seoul Daegu District Court) No. 2012 Taegu District Court 2012 Taegu District Court 201724, the amount of dividends for Defendant Daegu Metropolitan City North-gu, Daegu District Court 975,240 won, and the amount of dividends for Defendant Republic of Korea 9,757,630 won shall be deleted, respectively, and the dividends for CCC shall be distributed to Nonparty CCC to Nonparty 50,958,913 won.

1. Basic facts

A. The Plaintiff was the owner of 48-1 large 843 square meters (hereinafter “instant real estate”). The instant real estate was sold as of September 6, 2013 by Nonparty 2B’s decision to commence compulsory auction (No. 2012 Mataon 18724) by Nonparty 2B against the Plaintiff, and the ownership transfer registration was completed in the name of Nonparty DD under Nonparty 25942 on September 13, 2013, at the request of Nonparty 2B against the Plaintiff.

B. The distribution schedule prepared at the above compulsory auction is as follows. On October 19, 2013, the Plaintiff stated an objection against the total amount of dividends in the Daegu Metropolitan City, Daegu-gu Tax Office among the said distribution schedule on the date of distribution of the said auction case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination on the legitimacy of a lawsuit

ex officio, we examine the legitimacy of the instant lawsuit.

A lawsuit of demurrer against a distribution is aimed at filing a lawsuit of demurrer against a distribution against a creditor who has not received the distribution, in cases where a creditor who is obligated to receive the distribution and received the distribution without receiving the distribution, and thereby receiving the remedy therefor by filing a lawsuit of demurrer against a distribution with the creditor who has not received the distribution. In other words, the purpose of the lawsuit of demurrer against a distribution is to increase the plaintiff's amount of distribution. Thus, even if the distribution against the defendant is illegal, if the plaintiff is not in a position to receive the distribution in the distribution procedure, there is no benefit to file a lawsuit of demurrer against a distribution (Supreme Court Decisions 92Da50270 Decided January 25, 1994; 2010Da39215 Decided October 14, 2010).

(2) On the other hand, the court below held that matters concerning the interest in a lawsuit are relevant to the requirements for litigation.

The time of conclusion shall be examined and determined based on the time of conclusion (Supreme Court Decision 2007Da60417 Decided September 25, 2008).

[Reference]

As stated in the purport of the claim, the defendant among the distribution schedule prepared as stated in the above facts

Amount of dividends of KRW 975,240 to North-gu in Daegu Metropolitan City, and dividends of KRW 9,757,630 to Defendant Republic of Korea

50,958,913 to delete and distribute dividends to CCC to Nonparty CCC.

The correction is sought as the source of origin.

CCC as much as the Plaintiff’s claim has changed the dividend amount to 0 won against the Defendants and reduced the dividend amount to 0 won

If the purport is to increase the dividend amount against the Defendants, even if the dividend against the Defendants is unlawful.

Even if the plaintiff's assertion itself does not increase the amount to be distributed to the plaintiff.

The plaintiff's assertion of this case in this case without further examination of the specific argument

No grounds for a lawsuit may be the grounds for a lawsuit (this means that CCC files a lawsuit of demurrer against distribution or files a lawsuit of demurrer against the Defendants

It is only a problem to be resolved by filing a claim for return of unjust enrichment. The Plaintiff’s lawsuit of demurrer against distribution of the instant case

Through this, the purport that there is a benefit of litigation for the benefit of reducing the debt to CCC by the plaintiff

The claim, even if such de facto benefit is recognized as the benefit of the action,

The evidence submitted by the Defendants alone cannot be deemed as having no claim against the Plaintiff.

B In full view of the evidence No. 1 and the purport of the entire pleadings, the Defendants’ tax claims against the Plaintiff

It is recognized that all exist only).

3. Conclusion

Thus, the plaintiff's claim of this case is dismissed as it is illegal as there is no benefit of lawsuit.