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(영문) 수원지방법원 여주지원 2018. 06. 07. 선고 2018가단1133 판결
배당이의 소송에서 원고는 부과처분이 위법하다고 주장하나 이를 인정할 증거가 없음[국승]
Title

In a lawsuit of demurrer against distribution, the plaintiff asserts that the disposition of imposition is unlawful, but no evidence exists to acknowledge it.

Summary

In a lawsuit of demurrer against distribution, the plaintiff asserts that the disposition of imposition against the delinquent taxpayer is unlawful, but there is no evidence to prove this assertion, and the plaintiff's

Cases

2018 Ghana 1133 Demurrer

Plaintiff

AA

Defendant

Korea

Conclusion of Pleadings

May 10, 2018

Imposition of Judgment

June 7, 2018

Text

1. The plaintiff's claim is dismissed.

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

Cheong-gu Office

Of the dividend table prepared on February 7, 2018, the above court deleted 000 won of dividends against the defendant among the dividend table prepared on February 7, 2018 with respect to ○○ District Court ○○○○○○ Branch 2017, and corrected the dividend amount against the plaintiff to KRW 000,000, respectively.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff asserts as follows. In other words, the Plaintiff asserts on the date of distribution of the auction case of ○○○○○○○ Real Estate, which was conducted with respect to real estate owned by the obligor’s party at the same time, around 2017.

A person who received a dividend of KRW 000 as a mortgagee and the Defendant received a dividend of KRW 000 as a tax payer for a capital gain tax in the above auction case. However, despite the fact that the capital gain tax levied on him was paid in good faith, and the capital gains tax additionally granted was to be paid by the former owner BB, not a capital gain tax, the Defendant’s employees distributed dividends by seizing the real estate subject to the above auction case on the ground that the capital gains tax was not paid in the 00-year-old book. Therefore, in the above auction case, among the dividend table prepared on February 7, 2018, the date of distribution should be deleted since the dividends against the Defendant were erroneously distributed, and the amount of dividends against the Plaintiff, a mortgagee, should be corrected to KRW 00,000 in addition to the above dividends against the Defendant.

B. However, there is no evidence to prove the plaintiff's above assertion.

2. Conclusion

Therefore, the plaintiff's claim cannot be accepted, and it is dismissed and it is so ordered as per Disposition.

partnership.

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