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Reasons
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(영문) 부산지방법원 2017.02.10 2016구합21214
경정배분결정처분 취소
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1. On November 24, 2015, the Defendant issued a disposition to rectify and distribute the proceeds of public sale of KRW 100,000,000 against the Intervenor joining the Defendant.

Reasons

1. Details of the disposition;

A. On October 15, 2010, the director of the North Busan District Tax Office attached the Gangseo-gu Busan District Tax Office’s 1,322 square meters (hereinafter “instant land”) on the grounds of D’s default of national taxes, and on June 4, 2015, requested the Defendant to vicariously sell the instant land by proxy.

B. Accordingly, the Defendant sold the instant land, and prepared a distribution statement for KRW 241,084,910 on October 7, 2015, including the sales proceeds and deposited interest, as follows:

The name of allocation ranking 7,373,330 7,373,330,60,000 60,000,000 on October 7, 2015 7, 201,51,320 261,960 on October 3, 2015, the 1,51,72,95,4038,757,4407,407, and 60,000, Plaintiff 20,000,000,000,000,000,000 on October 7, 2015, and 261,960 on October 4, 2015.

C. On October 19, 2015, the Defendant filed an objection with the director of the North Busan District Tax Office, and the director of the North Busan District Tax Office decided on November 5, 2015 that the Defendant should distribute the distribution statement to the Defendant’s Intervenor prior to the Plaintiff on November 5, 2015. According to the said decision, the Defendant revised and issued the distribution statement as follows on November 24, 2015.

(2) On October 5, 2015, the Defendant: (a) paid the Defendant a 100 million won out of the public auction price to the Defendant joining the Defendant; (b) KRW 7,373,330 7,373,373,30,330 on October 7, 2015, F. 60,511,320,960 on October 3, 2015; and (c) KRW 1,511,320,960 on October 4, 2015, the Busan Seo-gu Office of Busan, Seo-gu, Busan; and (d) Nonparty’s 1,172,95,40,408,757,4040,4405,000,000,0000 on October 5, 2015;

On February 15, 2015, the Plaintiff appealed and filed an appeal with the Tax Tribunal. On February 24, 2016, the Tax Tribunal dismissed the Plaintiff’s appeal.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is based on the Defendant’s decision on distribution against the Intervenor joining the Defendant.

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