배당이의
1. Each of the plaintiffs' claims is dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. As the NongHyup Bank did not receive a loan to F Co., Ltd. (hereinafter “F”), on February 4, 2013, it filed an application for voluntary auction of real estate E with the Chuncheon District Court, which is based on the right to collateral security (the maximum debt amount of 1,020,000,000), and the same court rendered a decision to commence auction of real estate.
(hereinafter “instant auction”). (b)
In the auction procedure of this case, Plaintiff A reported the claim amounting to KRW 14.5 million for the lease deposit, KRW 19.5 million for the lease deposit, KRW 7.9 million for the lease deposit, KRW 15 million for the lease deposit, KRW 14.5 million for the lease deposit, KRW 15 million for the Plaintiff C, KRW 11.5 million for wages, KRW 14.5 million for the lease deposit, KRW 14.5 million for the lease deposit.
C. The Plaintiff acquired the claim against F of the Nonghyup Bank Co., Ltd., and registered the transfer of claims pursuant to Article 6 of the Asset-Backed Securitization Act, and reported the claim amounting to KRW 1,229,984,929.
In the instant auction procedure on October 29, 2015, Gangwon District Court distributed KRW 959,076,057 to the assignee of the Nonghyup Bank Co., Ltd., the mortgagee of the right to collateral security, and prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that the Plaintiffs did not distribute to the Plaintiffs.
E. The plaintiffs (in the case of plaintiffs B and C, their representatives) appeared on the date of distribution of each of the auction procedures of this case, and raised an objection against the defendant's dividends of KRW 28.5 million (=The plaintiff's dividends of KRW 14.5 million as wages of KRW 14.5 million) and the plaintiff Eul's dividends of KRW 21.9 million (=the small amount of deposit with the highest priority repayment right of KRW 7.9 million as wages of KRW 14.9 million), the plaintiff C, and the plaintiff D, of KRW 111 million as wages of KRW 28.5 million (=the small amount of deposit with the highest priority repayment right of KRW 14.5 million).
Grounds for Recognition: Facts without dispute, A1, A2, A3-1, A4-1.