배당이의
1. The plaintiff (Appointed)'s claim against the defendants is dismissed, respectively.
2. The costs of lawsuit are assessed against the plaintiff (appointed party) and the plaintiff.
Basic Facts
On June 25, 1997, the Plaintiff and the designated parties (hereinafter referred to as the “Plaintiffs”) received an order to pay the amount of wages and retirement allowances totaling KRW 629,949,032 and the amount of delay damages at the rate of 25% per annum against Rap Housing Development Co., Ltd. in Seoul District Court case No. 97 tea4959, Jun. 25, 1997. The payment order was finalized on August 5, 1997.
The plaintiffs completed the registration of each provisional attachment on January 21, 1998 with the claim amounting to 626,835,356 won in Seoul District Court (Seoul District Court Decision 98Kahap539 dated January 19, 1998 (hereinafter "the real estate of this case") No. 102 and 203 of the Yeongdeungpo-gu Seoul District Court (hereinafter "the real estate of this case").
On November 20, 1998, the Plaintiffs received dividends of KRW 315,511,964 at the D auction procedure of Suwon District Court, and on May 24, 1999, received dividends of KRW 211,122,730 as a person entitled to provisional attachment in the distribution distribution procedure for the Southern Branch of the Seoul District Court. On April 26, 2001, the Plaintiffs received dividends of KRW 100,200,662 as a person holding the right to claim dividends in the distribution procedure for the Southern Branch of the Seoul District Court.
On November 17, 2011, the instant auction procedure commenced with respect to the instant real estate, and the completion period for demand for distribution was August 12, 2012.
On January 2012, the Plaintiffs submitted a claim statement to seek “the remainder (interest on the principal) remaining after being distributed by the original copy of the above executory payment order” to the obligor under the provisional seizure of real estate by 98Kahap539, which was an employee’s wage claim, and obtained the original copy of the payment order by 97Kahap4959.”
The Plaintiffs, on July 28, 2014, submitted an application for correction of the first claim statement by designating the designated parties as the Plaintiff at present on July 28, 2014, and the dividends received between the Plaintiffs during the auction procedure were first appropriated for the claims for delayed payment of wages and retirement allowances.