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(영문) 창원지방법원 2016.04.19 2015나34165

배당이의

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. In the first instance trial, the Plaintiff filed a lawsuit against the Defendants and the co-defendant B, F, and I of the first instance trial seeking modification of the distribution schedule.

The first instance court accepted both the Plaintiff’s claims against B, F, and I, and dismissed all of the claims against the Defendants. The Plaintiff appealed against the part of the first instance judgment against the Plaintiff.

Therefore, since claims against B, F, and I in the judgment of the court of first instance were separately confirmed, the subject of the judgment of this court is limited to claims against the Defendants among the judgment of the court of first instance.

2. The following facts do not conflict between the parties, or may be recognized by taking into account the respective descriptions of Gap 2-4, 10, and 11 (if the serial number is not specified, including all the numbers of the pertinent documentary evidence; hereinafter the same shall apply) and the whole purport of the pleadings:

On December 24, 2009, the Industrial Bank of Korea established a collateral security right with respect to “20/105 shares out of the land in the Gimhae, 30/80 shares out of the land in the Kimhae-si, 30/80 shares among the land in the Kimhae-si, and NA-si N land in the Kimhae-si.” On May 19, 2010, the Industrial Bank of Korea added the respective real property in the instant case as the joint collateral object of the said collateral security right to the obligor, K, the Industrial Bank of Korea, the maximum debt amount of KRW 700,000,000.

B. On July 9, 2013, the Industrial Bank of Korea filed an application with the Changwon District Court for a discretionary auction of real estate related to each of the instant real estate. On July 10, 2013, the Industrial Bank of Korea was subject to the said court’s order to commence the discretionary auction of real estate (hereinafter “instant auction procedure”), and thereafter, the Plaintiff acquired the instant collateral security right claim against K from the Industrial Bank of Korea.

C. From November 1, 200, K engaged in the automobile account books, manufacturing, etc., with the trade name of " Q". The two, F, I, Defendant A, C, D, E, G, and H (hereinafter collectively referred to as "Defendant A, etc.") were employed by K, and worked in the above " Q", but wages of the last three months.