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(영문) 수원지방법원 안양지원 2018.11.30 2016가단15103
부당이득금
Text

1. The defendant shall pay to an independent party intervenor KRW 73,943,80,00 as well as his/her annual interest from January 3, 2018 to November 30, 2018.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) completed the registration of the creation of a collateral security (hereinafter “instant collateral security”) based on a contract signed on November 27, 1991 with respect to the real estate (hereinafter “instant real estate”) as indicated in the separate sheet No. 1, which was owned by the Plaintiff (i.e., D Co., Ltd.; hereinafter “Plaintiff”) on December 2, 1991, with the maximum debt amount of KRW 2 billion as to the Plaintiff and the maximum debt amount of KRW 2 billion.

B. The Plaintiff imposed acquisition tax (including additional dues; hereinafter “the acquisition tax of this case”) on May 1, 1992 by the Defendant on June 1, 1994, including 484,476,740 won, property tax (including additional dues; hereinafter “instant property tax”) imposed on June 1, 1994; 48,175,600 won among 53,29,09,090 won, and aggregate land tax (including additional dues; hereinafter “instant aggregate land tax”) imposed on October 16, 203; hereinafter “the instant acquisition tax, property tax, and aggregate land tax” includes 3,020 won, registration tax (including additional dues) imposed on October 9, 204; 1,032,931,130,1300 won, resident tax (including additional dues; hereinafter “instant property tax”); and 36,308.36,205,208.

(hereinafter referred to as “instant arrears”). C.

On September 21, 1999, the defendant issued a disposition of deficits for KRW 484,476,740 of the acquisition tax of this case, and KRW 48,175,60 of the property tax of this case. On February 20, 2007, the defendant issued a disposition of deficits for KRW 532,65,360 of the aggregate land tax of this case.

After the C’s application, on November 23, 2015, the decision to voluntarily commence the auction procedure (hereinafter “instant auction procedure”) was made on November 23, 2015 with respect to the instant real estate, and the auction procedure was in progress. On January 6, 2016, the Defendant filed a claim with the above executing court for the delivery of the instant amount in arrears as the claim amount. On January 6, 2016, the said executing court prepared the same distribution schedule as the following table and distributed KRW 101,660,663 to the Defendant.

Distribution Schedule C

E. The plaintiff is on the date of distribution.

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