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(영문) 서울남부지방법원 2017.09.15 2017가합105303
배당취소 청구
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On August 14, 1997, the Plaintiff completed the registration of ownership transfer based on sale with respect to the Yangcheon-gu Seoul Metropolitan Government C Apartment 101 Dong 407 (hereinafter “D”).

B. As to D, on January 23, 2009, the registration of seizure was completed under the name of the office of Jung-gu Seoul Special Metropolitan City Office of the right holder, and on January 25, 2010, the registration of seizure was completed under the name of the right holder, the Republic of Korea, the disposition agency, and the head of the disposition agency. On September 18, 2015, the registration of seizure was completed under the name of the right holder, the registration of seizure was completed on September 18, 2015, and on March 14, 2007, the registration of seizure was completed in the name of the right holder, the maximum debt amount of KRW 288,50,000,000, the collective security holder, the defendant C& Bank, the

C. Creditors E against the Plaintiff filed for a compulsory auction of real estate regarding D and received a decision to commence compulsory auction on April 20, 2016.

(hereinafter “instant auction procedure”). D.

In the auction procedure of this case on November 3, 2016, the above auction court made 1,753,560 won (the pertinent tax) to the Yangcheon-gu Seoul Metropolitan Government Office, 267,813,326 won (the dividend rate of 100%) to the defendant Cmat Bank as the second right collective security, 323,250 won (the local tax) to the defendant's Republic of Korea as the third right of delivery (the local tax), 30,229,060 won (the national tax) to the defendant's Republic of Korea as the third right of delivery (the dividend rate of 100%) to the defendant's Republic of Korea, 9,353,680 won (the dividend rate of 100%) to the fourth right of delivery (public charges), and 100% to the defendant Cmat Bank as the distribution schedule of each of the above cases to the defendant's Republic of Korea as the third right of distribution (the dividend rate of 30,2931).3

E. Accordingly, on the above date of distribution, the Plaintiff’s total amount of dividends to Defendant C&T Bank of KRW 7,813,326 out of the amount of dividends and the amount of dividends to Defendant Korea National Health Insurance Corporation of KRW 4,353,680 among the amount of dividends, Defendant Republic of Korea (Yancheoncheon Tax Office) and Jung-gu Seoul Metropolitan Government Office.

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