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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff paid a total of KRW 118,186,770 from September 29, 201 to January 15, 2012.
B. Meanwhile, the Plaintiff and her husband B deposited KRW 49,592,645 in the District Court, etc. from November 23, 2011 to October 22, 2014.
C. On February 3, 2016, 201, C Forest Land 21,719 square meters, which was owned by the Plaintiff, was disposed of as a public sale of KRW 80,00,000 (hereinafter “instant public sale”) with the successful bid price of KRW 80,000.
Some of the above public auction proceeds were appropriated for the national taxes in arrears of the Plaintiff.
The Defendant requested delivery of KRW 732,782,550 of national tax bonds in arrears by the Plaintiff in the case of compulsory auction (hereinafter “auction of this case”) regarding the real estate stated in the attached list, and received dividends on February 16, 2017.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The Plaintiff’s assertion included KRW 732,782,550, among the 732,782,550, which the Defendant received as dividends in the instant auction procedure, ① the amount that the Defendant attached to the Plaintiff’s right to claim the recovery of the Plaintiff’s deposit, ② the amount that the Plaintiff paid, ③ the amount that the Plaintiff paid, and KRW 27
Therefore, the defendant is obligated to pay the plaintiff 278,814,085 won and damages for delay as unjust enrichment.
3. Determination
A. Even if the defendant seized the plaintiff's right to claim recovery of the deposit money as alleged by the plaintiff, it cannot be deemed that the collection of the amount in arrears has been completed merely because the right to claim recovery of deposit money has been seized. Thus, this part of the plaintiff'
(No claim for recovery of deposit shall be deemed to exist to the Plaintiff with respect to the portion deposited by the Plaintiff as the agent of B)
B. The evidence and evidence No. 1 to No. 8, prior to the fact that the judgment on the portion of the tax paid by the Plaintiff as the tax and the amount of the tax paid by the public auction, are recognized.