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(영문) 수원지방법원 2018.08.22 2018구합60688
공매대금배분처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.

Reasons

1. Details of the disposition;

A. On April 3, 2015, the head of Sung-nam District District Office: (a) purchased the ownership of B in the compulsory auction procedure on May 31, 2013, and seized 422/661 square meters (hereinafter “instant shares”; (b) requested the Defendant to sell the instant shares by proxy on March 29, 2017, on the ground that B was in arrears with local tax; and (c) requested the Defendant to sell the instant shares by proxy.

(hereinafter referred to as the “instant public auction procedure”), which is conducted upon the above agency’s request, B.

In the instant public sale procedure, the Plaintiff (around November 9, 2017: 16, 2012; hereinafter “Athath Capital Loan”) filed a claim with the Defendant for the issuance of comprehensive real estate holding tax, etc., as of May 31, 2013; August 13, 2013; and September 16, 2014, as creditors of each loan claim as to the instant share; and on November 9, 2017, the Sungdong Tax Office demanded the Defendant to report the claim and distribute the claim; and on November 9, 2017, the Sungdong Tax Office filed a claim with the Defendant for the issuance of the comprehensive real estate holding tax, etc. as of November 16, 2013, respectively, for which the statutory due date B defaulted.

C. The Defendant sold the instant shares in KRW 83,880,000 for the price, and distributed KRW 83,886,400 for the sales proceeds and the interest on deposits on November 16, 2017 as indicated in the table 1 below (hereinafter “the previous disposition”), and the details of the distributed amount for the Sungdong Tax Office are as listed in the table 2 below.

(unit: 3,035,830 3,00 3,035,830 10.00 2,00.00 15,181,710 2,710 2,33,50 2,225,980 9,661,66 24.02% 52,61,610,610,411 40,000 76.03% 5,244,638,410, 830, 830, 830 10,530 25,50,500 24:36.0,000 5,634,638,50,000 24:36.16.5% of the relevant amount of claim to creditors;

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