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1. On May 20, 2015, the Suwon District Court, Yangyang support A real estate auction case.
Reasons
1. Fact that there is no dispute over basic facts [based for recognition], entry of Gap 1, 2, 4, 5, Eul 1-4, and the purport of the whole pleadings;
A. As to the instant real estate (hereinafter “instant real estate”), OSB Savings Bank Co., Ltd. established the right to collateral security with the maximum debt amount of KRW 240,00,000 on September 4, 2013, and the right to collateral security with the maximum debt amount of KRW 168,00,000 on September 5, 2013, respectively. On December 30, 2014, the Plaintiff completed the additional registration with the acquisition of the right to collateral security from OSB Savings Bank Co., Ltd., Ltd. and completed the additional registration before the transfer by taking over the said right to collateral security.
B. As to the instant real estate, the Defendant’s registration of seizure was completed on March 17, 2014 due to the default of national taxes in arrears in B.
The amount of delinquent taxes stated in the defendant's attachment report at the time are as follows:
C. On July 25, 2014, on the instant real estate upon the Plaintiff’s application for auction, the auction procedure was initiated on July 25, 2014.
After October 6, 2014, the defendant filed a request for the delivery on January 22, 2015.
The amount of national taxes in arrears entered in the defendant's written request for issuance shall be as follows:
On the date of distribution on May 20, 2015, KRW 27,739,990 (the statutory due date is the amount obtained by adding the principal and additional charges of the three above taxes prior to the date of establishment of collateral mortgage) to the Defendant, and the Plaintiff was distributed KRW 353,842,551 in the second order to the Plaintiff, and the Plaintiff filed the instant lawsuit after raising an objection against the Defendant’s total amount of dividends.
2. The parties' assertion
A. The Plaintiff’s assertion 1) The Defendant cannot receive dividends since it requested the delivery after the completion period to demand a distribution. 2) The Defendant’s dividends are lower than the Plaintiff on September 5, 2013, which was the date when the Plaintiff’s right to demand a distribution was established, since the amount of taxes paid by the Defendant is not equivalent
3 The 3rd additional payment deadline and the 3th additional payment deadline are lower than the Plaintiff since September 5, 2013, which is the date of establishing the Plaintiff’s right to collateral security.
B. The defendant.