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(영문) 수원지방법원안산지원 2016.06.01 2015가단24546

배당이의

Text

1. It was prepared on August 25, 2015 by the competent court with respect to the auction of real estate B in the Suwon District Court, Ansan Branch B.

Reasons

1. The following facts are acknowledged and there is no counter-proof in light of the overall purport of the pleadings in the descriptions of Gap evidence No. 1, Gap evidence No. 5, Gap evidence No. 8, Eul evidence No. 1, and Eul evidence No. 5.

The defendant was transferred by the Industrial Bank of Korea to the non-party lender Co., Ltd. (hereinafter referred to as the "non-party Co., Ltd."), on the ground that the non-party Co., Ltd. did not repay its debt, the defendant filed an application for voluntary auction of the real estate in this case with Suwon District Court, U.S., U.S., U.S., and the auction procedure was conducted accordingly.

B. On July 2015, the Plaintiff asserted that he/she himself/herself is a worker with a retirement allowance and wage claim with the highest repayment right of KRW 19 million, and filed an application for a report on rights and a demand for distribution with the said auction court, and thereafter, he/she was paid 5.6 million won as substitute payment by the Korea Labor Welfare Corporation.

C. In the above auction procedure, the real estate in this case was sold at KRW 503,20,00. On August 25, 2015, the above court: (a) distributed dividends of KRW 497,537,560 to the Korea Workers' Compensation and Welfare Service, the claimant for the first substitute payment of KRW 45,981,560; (b) distributed KRW 1,900,000 to D, the creditor for the first substitute payment of KRW 2,409,354 as well as KRW 2,45,330,00,00 to the Defendant, the creditor for the first substitute payment of KRW 503,462,279, which was calculated by deducting the execution cost of KRW 5,924,320,00,000, which was calculated by adding interest at KRW 5,924,330,000, which was the creditor for the second substitute payment of the dividends; and (c) prepared the remaining dividends distribution schedule to the Defendant.

Accordingly, the plaintiff raises an objection to the dividend.