Case Number of the immediately preceding lawsuit
Changwon District Court 2014 Gohap31721
Title
A request for delivery or a demand for distribution made within the completion period for the postponed demand for distribution shall be lawful.
Summary
(as in the judgment of the court of first instance) The decision of postponement of the period for the demand for distribution is lawful within the reasonable discretion of the court of execution, and is valid, unless it is revoked by an objection or special appeal against the execution by an interested person, and a request for delivery or demand for distribution made within the completion period for the postponed demand for distribution is lawful.
Related statutes
Article 56 of the National Tax Collection Act
Cases
2014Na21994 Demurrer against distribution
Plaintiff, Appellant
○○○ Guarantee Fund
Defendant, appellant and appellant
Republic of Korea Overseas2
Judgment of the first instance court
Changwon District Court Decision 2014Gahap31721 Decided September 18, 2014
Conclusion of Pleadings
oly, 2015.25
Imposition of Judgment
oly 2015.23
Text
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the court of first instance shall be revoked. With respect to the auction of real estate rent cases of Changwon District Court 201xxx59, the dividend amount of KRW 184,786,029 against the defendant ○○○○○ Incorporated Company on April 29, 201x KRW 184,786,029 shall be KRW 0,75,984,490 against the defendant ○○○○○○○○ Incorporated, the dividend amount of KRW 24,747,927 against the defendant ○○○○○○○○○○ Foundation shall be KRW 0,00, and the dividend amount of KRW 382,326,973 against the plaintiff shall be distributed to KRW 67,845,419, respectively, shall be corrected.
Reasons
1. Quotation of judgment of the first instance;
The reasoning for the court's explanation on this case is the same as that for the judgment of the court of first instance, and it is difficult to conclude a different conclusion only with the fact-finding results on ○○○ Construction Co.,, Ltd., ○○○ Construction Co., Ltd., ○○○ Construction Co., Ltd., and ○○○○○○ Guarantee.
2. Conclusion
Therefore, the plaintiff's claim of this case is dismissed in its entirety as it is without merit, and the judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal against the defendants is dismissed in its entirety as it is without merit. It is so decided as per Disposition.