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Reasons
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(영문) 서울행정법원 2014.06.05 2013구합53851
전부금
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1. The Defendant’s KRW 10,861,851,886 for the Plaintiff and 5% per annum from July 19, 2011 to June 5, 2014.

Reasons

1. Details of the disposition;

A. Status 1) Nonparty B Co., Ltd. (hereinafter “Nonindicted Company”) is the party.

A) A company’s purpose is building business, real estate sales business, and new construction and sales business of housing, and a new construction and sales business of D apartment (hereinafter “D apartment”) from around December 2005 to Ulsan Jung-gu, Seoul (hereinafter “instant apartment”) is a new construction and sales business (hereinafter “instant business”).

2) On April 25, 2006, the Plaintiff entered into a contract with the non-party company for the construction of the instant apartment (hereinafter “instant contract”). On April 25, 2006, the Plaintiff entered into a contract with the non-party company for the construction of the instant apartment (hereinafter “instant contract”).

B. On March 30, 2010, Nonparty Co., Ltd. (1) obtained approval from the head of Ulsan-do from the head of the Gu to use the instant apartment as the final site area of 45,615 square meters, building area of 6,575.845 square meters, and 10 Dong-dong 820 households with respect to the instant apartment. (2) On March 30, 2010, the Plaintiff prepared and issued a tax invoice for KRW 108,618,508,847, which is a part of the construction price under the instant contract, to the Nonparty Co., Ltd., and paid value-added tax of KRW 10,861,850,886.

3) On April 26, 2006, for the payment of the construction cost, etc. under the instant contract to the Plaintiff, Nonparty Company issued and delivered promissory notes representing par value 305,070,192,000, and drafted a notarial deed (No. 15, 2006, a notary public, a law firm e.g., a notary public) that recognizes compulsory execution. The Plaintiff is entitled to claim the amount based on the authentic copy of the said promissory deed as KRW 10,861,850,886, and KRW 108,618,50,847, which is paid by the non-party company to the Plaintiff as of March 30, 2010, the Plaintiff is entitled to claim the refund of value-added tax of KRW 10,861,850,886, which the non-party company has against the Republic of Korea (hereinafter “instant refund claim”).

order of seizure, in whole.

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