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(영문) 서울중앙지방법원 2017.04.13 2016가단5247707
부당이득금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff (Licheon Tax Office) committed an act on June 27, 2013 with respect to Nos. 202, 203, Sungnam-gu, Sungnam-gu, Sungnam-gu, Seoul, with a view to collecting the amount of national taxes in arrears against A.

8. After completion of the attachment registration on April 2015, the registration of attachment was completed, and the registration of the attachment was not changed to the disposition agency of the above attachment registration.

B. On February 19, 2015, the Korea Asset Management Corporation, upon the Plaintiff’s application for a public auction with respect to the above apartment, completed the registration of the public auction on February 19, 2015, notified the Plaintiff (the National Tax Service) of the public auction agency and the public auction to the end of April 4, 2016, upon the commencement of the public auction procedure. The Plaintiff (the Geumcheon Tax Office) finally submitted a request for delivery of the amount of KRW 75,082,460, national taxes, etc. during the public auction procedure.

C. As of August 4, 2016, the Korea Asset Management Corporation: KRW 431,421,150, the amount to be distributed according to the above public auction was KRW 13,84,890, KRW 300,590, KRW 300, KRW 3000, KRW 46,982,214, KRW 1800, KRW 75,082,460, KRW 760, KRW 354,630, KRW 630, KRW 28,715,380, KRW 240, KRW 7640, KRW 740, KRW 740, KRW 788, KRW 308, KRW 186, KRW 186, KRW 8686, KRW 786, KRW 186, KRW 3086, KRW 780, Defendant in the first-order Defendant Seoul Special Metropolitan City (Defendant transfer).

[Ground of recognition] Nos. 1 through 6, Eul evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The Plaintiff’s determination on the Plaintiff’s claim is the cause of the instant claim. The Korea Asset Management Corporation, while proceeding with the above public sale, omitted the notification of the request for delivery (public sale) and thus, demands the transfer of the national tax in arrears.

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