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(영문) 서울중앙지방법원 2016.09.29 2015가합554905
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

A. On December 22, 2005, the Korea Asset Management Corporation received a decision of sale.

5) The Korea Asset Management Corporation designated the distribution date as February 24, 2006 and notified the distribution subjects of the submission of a written request for distribution, a certificate of cause of claim, etc. by February 10, 2006. The Defendant requested the distribution of the security deposit amount of KRW 28 billion with the refund bond of KRW 28 billion around that time. The Korea Asset Management Corporation prepared the distribution statement as shown below on February 24, 2006. The distribution according to the distribution statement was completed around that time.

76,027,500 won 76,027,50 won 76,027,50 won for disposition on default on the amount of credit distributed to priority creditors 3 Defendant 28,020,000 won for disposition on default on the amount of credit, 76,027,50 won 2,3 665,164,460 won 349,905,090 won for 2,132,582,760 won for 165,070,010 won for disposition on default on the amount of credit distributed to priority creditors 3, 28,020,000 won for disposition on default on the amount of credit, 27,68,97,400 won for 27,006,272,536 won for the Social Industry of the Korea Labor Welfare Corporation, 7,034,130 won for 31,517,370 won for the Korea Labor Welfare Corporation.

(d) Relevant regulations* The head of a tax office shall distribute the following money pursuant to Article 81:

Provided, That when the provisions of the proviso of Article 61 (1) or the provisions of Article 62 (2) are applied, the Korea Asset Management Corporation may act on its behalf, and the distribution of money in such case shall be considered as having been done by the

2. The money received from the defaulted taxpayer or the third obligor due to the attachment of claims, securities or intangible property rights, etc.;

3. The proceeds from sale of the attached property and deposit interest thereof, and the money under Article 81 (Distribution Method) (1) 2 and 3 shall be allocated to any of the following national taxes, additional dues and disposition fees for arrears and other claims:

1. National taxes, additional dues and disposition fees for arrears related to attachment;

2. National taxes, additional dues, disposition fee for arrears, local taxes or public imposts;

3. Claims secured by the right of lease on deposit basis, the pledge right or the mortgage related to the attached property.

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