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(영문) 의정부지방법원고양지원 2016.12.15 2016가단6296
배당이의
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. 1) B is inherited from C on October 10, 2009 by her mother on and around October 10, 2009, and indicated as ① 2072 square meters prior to D, ② 571 square meters prior to E, ③ 929 square meters prior to F, ④ four real estate, such as single-story housing, etc. (hereinafter “real estate”).

(2) At first, on October 206, 2006, the establishment registration of a mortgage of KRW 100 million was completed in the future of the National Agricultural Cooperative on the real property.

Since then, as the maximum debt amount of the registration of creation of a new mortgage continues to increase, the registration of creation of a new mortgage was completed on January 31, 2013.

3) On February 11, 2015, the Seocheon Agricultural Cooperative transferred the secured obligation of the right to collateral security established at the above ①, ②, ③, and the No.4 real estate to the Plaintiff, and completed the additional registration of the transfer of the right to collateral security. (B) The progress of the auction procedure and the distribution of dividends 1) The Seocheon Agricultural Cooperative applied for voluntary auction against the No.4 real estate owned by B, ②, ③, and the No.4 real estate, and the auction procedure was in progress for the real estate deposit auction procedure to the Goyang District Court A, and the Defendants requested the following issuance

In other words, the director of the Pakistan Tax Office under the defendant's Republic of Korea requested the issuance of the capital gains tax and additional dues of KRW 154,215,30 on January 4, 2013, which is the statutory due date, in arrears. The defendant Pakistan requested the issuance of the capital gains tax and additional dues of KRW 29,502,480 on January 2, 2013.

2) On March 11, 2016, the auction court prepared a distribution schedule with the contents that distribute the amount of KRW 204,332,494 to the Plaintiff, who is a mortgagee of a real estate, (154,215,300 (100%) in the Republic of Korea, and KRW 29,502,480 (100%) in the Republic of Korea at the time of selling the Defendant, which is the mortgagee of a real estate, and KRW 38,016,447 to the Plaintiff, who is a mortgagee of a real estate, (3) in the third order.

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