beta
(영문) 서울서부지방법원 2014.02.06 2013가합31656

배당이의

Text

1. Of the distribution schedule prepared on April 17, 2013 by the above court with respect to the case of the voluntary auction of real estate B by the Seoul Western District Court.

Reasons

Facts of recognition

On July 10, 2009, D Co., Ltd. (former trade name: E; hereinafter “D”), regardless of whether it was before or after the alteration, set up a right to collateral security of KRW 216 million with respect to the apartment of this case to the Bank of Korea.

The Bank of Korea, Inc., filed a voluntary auction on the apartment of this case with the Seoul Western District Court B, and on February 24, 2012, the voluntary auction procedure was initiated.

On May 8, 2012, Defendant A asserted that the lessee of the apartment of this case had a claim for the return of the deposit for lease of KRW 28 million, and submitted to the executing court an application for the report of the right and the request for distribution.

The defendant's Labor Welfare Corporation asserted on the same day that "the substitute payment under Article 7 of the Wage Claim Guarantee Act is a substitute payment on behalf of the D's business owner, and paid 97,073,310 won in total for the last three months' wages and retirement allowances for the last three years, the above workers shall be entitled to preferential payment for the claims for wages and retirement allowances equivalent to the substitute payment by subrogation of the above workers, and submitted an application for a report on rights and

On the other hand, on July 2012, our bank transferred the right to collateral security to the Plaintiff, and around that time, notified D of the transfer of the right to collateral security.

Of the amount to be actually distributed on April 17, 2013, the enforcement court distributed to Defendant Labor Welfare Corporation KRW 97,073,310, and KRW 20,000,000 to Defendant A as a specified amount of the deposit under Article 8 of the Housing Lease Protection Act, and distributed other tax creditors, Mapo-gu, and the delivery authority’s distribution to the Plaintiff, and then drafted a distribution schedule to the effect that the remainder of KRW 107,939,308 is distributed to the Plaintiff.

On the date of distribution, the Plaintiff stated an objection against the entire portion received by Defendant A on the date of distribution, and KRW 88,060,692 among the portion received by Defendant Labor Welfare Corporation, and filed a lawsuit of demurrer against distribution on April 24, 2013.

【Ground of recognition】 dispute.