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(영문) 창원지방법원밀양지원 2015.05.29 2014가합10198

배당이의

Text

1. The document prepared by the said court on August 21, 2014 with respect to the voluntary auction case of the real estate T to Changwon District Court smuggling.

Reasons

1. Claim against Defendant Q Q

A. (1) On August 21, 2014, with respect to the case of voluntary auction of the real estate in the Changwon District Court (hereinafter “instant real estate”) with respect to the real estate listed in the [Attachment V] list owned by the debtor (hereinafter “instant real estate”), the said court prepared a distribution schedule with the content that the said court distributes the amount of KRW 9,607,050 to Nonparty U as the highest wage obligee, and the Plaintiff as the third-class mortgagee who was the third-class mortgagee, to the Plaintiff, KRW 263,252,286. The Plaintiff appeared on the above distribution date and stated an objection against the total amount of dividends to the highest wage obligee.

(2) On the other hand, the above U died on March 7, 2014, and the heir was W, who was a lineal descendant. However, around May 29, 2014, the above W became the heir of U by Defendant Q, a lineal ascendant of U, by filing a report on renunciation of inheritance under the Busan Family Court Decision 2014Ra1936, around May 29, 2014.

(3) Although U is not a worker in X operated by V, it is unfair that the above distribution schedule was distributed to U as the highest wage obligee who distributed the above wage claim amount to U.S. under the above distribution schedule. As such, U’s dividend amount amounting to KRW 9,607,050 and KRW 263,252,286 should be corrected to KRW 272,859,336 (=263,252,286 won).

(b) Judgment made by deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Each claim against Defendant A, B, C, D, E, F, G, H, I, J, K, L, M, N,O, P, R, and S (hereinafter “Defendant A”)

A. (1) On May 26, 2010, the Plaintiff acquired the right to collateral security from a new bank, a creditor, a creditor, who completed the registration of creation of a neighboring mortgage of KRW 650 million with respect to the instant real estate owned by V.

(2) As to the instant real estate auction case involving Changwon Branch of Changwon Branch of the Changwon District Court, on August 21, 2014, the said court held that Defendant A, etc. as the best wage obligee for Defendant A, etc. on August 21, 2014, KRW A24,00,00,00, KRW B14,775,440, KRW C7,098,50, KRW 506, and KRW D6,574,424.