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(영문) 대구지방법원 2017.06.23 2016가단128435
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Daegu District Court 2003Kadan94372 filed a lawsuit against the non-party A seeking the payment of the acquisition amount as the Daegu District Court 2003Kadan94372, and the plaintiff participated in the lawsuit above. The judgment of "A shall pay the plaintiff's succeeding intervenor KRW 144,857,372," and the above judgment became final and conclusive on March 11, 2004.

B. The Plaintiff filed an application for provisional attachment on September 14, 2004, as Daegu District Court No. 2004Kadan38463, regarding real estate B, C, Gyeongbuk-gun D, and E owned by the Plaintiff, for provisional attachment on real estate.

C. On March 18, 1996, the Daegu Tax Office under the defendant's jurisdiction completed the attachment registration on the above B and C's real estate on March 15, 1996 (hereinafter "the attachment registration of this case"), and completed the attachment registration on September 3, 1996 on the above D and E's real estate on September 3, 1996.

On November 12, 2012, prior to the date of demand for distribution in the aforementioned voluntary auction case, the Daegu District Court (Seoul District Court Decision 201Da45055, Nov. 12, 2012), filed a request for delivery of KRW 440,713,450 of the national taxes collected in arrears with the above court on November 12, 2012.

E. During the said voluntary auction procedure, the distribution schedule was prepared in order of 125,713,687 won to be actually distributed as of May 29, 2013, and the distribution schedule was prepared in order of 125,713,687 won to F, a mortgagee, who is the right to collateral security, to distribute the remainder of 42,112,657 won to F, the right to collateral security, and the said distribution schedule was finalized, and the said distribution schedule was paid KRW 83,601,030 to Daegu Tax Office.

F. On December 28, 2012, upon the Defendant’s application for a compulsory auction, the procedure for compulsory auction was carried out as the Daegu District Court Young-gu Branch H with respect to the above B and C real estate.

(g) In the instant auction procedure, the final date for demand for distribution was set on March 11, 2013, and the same Daegu District Court’s final date for demand for distribution has expired.

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