logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.11.22 2016가단5144471
배분금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On June 19, 2006, the Plaintiff entered into a trust agreement with the Plaintiff and the Defendant, and the Defendant’s public sale disposition 1) with the Defendant, Jung-gu Seoul, Seoul, and the 7rd ground D Condominium (hereinafter “instant trust real estate”).

2) As to the instant trust agreement for the disposal of real estate for security trust (hereinafter “instant trust agreement”)

(A) (2) The instant trust real estate was registered as a result of the instant trust agreement from the LAB to the LAB on June 19, 2006, in accordance with the instant trust agreement. After that, the Defendant’s transfer registration was completed on February 20, 2012, when disposing of the instant trust real estate based on the instant trust agreement, to the EAB on February 20, 2012 (A, 3, 4) according to the instant trust agreement, according to the instant trust agreement, when the Defendant disposes of the trust real estate and settled the disposal price, it is stipulated as follows in the order of appropriation.

Article 22 (Method of Settlement, such as Proceeds from Disposal of Property) (1) Where a trustee liquidates and adjusts the trusted real estate, the order of appropriation shall be as follows:

1. Expenses incurred in real estate management and public auction procedures, and remuneration to be received by the company;

2. Property tax, etc. notified until the proceeds from the disposal are received.

3. Deposit for lease which takes precedence over the mortgagee's right to collateral security under subparagraph 4.

4. Claims of the mortgagee of the right to collateral security prior to the creation of trust: Within the maximum amount of claims;

5. Lease deposit of the lessee with opposing power in the company.

6. Claims of preferential beneficiaries;

7. To pay in sequence any remaining amount, if any, to the truster;

B. Around June 2016, the Plaintiff’s national tax claim against the Plaintiff, and the pertinent tax credit against the trust property of this case, shall have 25 cases of total arrears and 18,221,109,100 won of total delinquent tax amount as of June 1, 2016.

(A1) The amount of gross real estate holding tax in B in 208 to 201 is the total amount of 292,465,780 won for the year 208 to 2011. The amount of gross real estate holding tax in B is the amount of 66,251,724 won for the year 208, and the amount of 36,218,020 for the year 209; and

arrow