배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
C Co., Ltd. (hereinafter “C”) owned 3305 square meters of land for a factory in Dosan-si and 2 buildings on the ground thereof (hereinafter “instant real estate”).
C obtained a loan from the Korea Development Bank on March 31, 201, Korea Development Bank created a collateral security right with a maximum debt amount of KRW 1,560,000 with respect to the real estate in this case, which is the mortgagee of the mortgage, the Korea Development Bank, and the maximum debt amount of KRW 1,560,000 with respect to the real estate in this case. On June 15, 2011, Korea Development Bank additionally created a collateral security right with a maximum debt amount of KRW 540,000 with respect to the real estate in this case.
On September 2, 2014, Jeonju District Court rendered a decision to commence compulsory sale of the instant real estate (the Jeonju District Court Gunsan Branch B).
The Plaintiff was acquired by transfer from the Korea Development Bank a claim against C and the status of a mortgagee on the instant real estate.
The defendant, who is a worker employed in C, received wages of KRW 3,00,000 per month from C, and argued that he would receive wages of KRW 3,00,000 per month, and demanded the court that proceeds from the auction procedure to pay dividends of KRW 18,00,0
In the above compulsory auction procedure, the Plaintiff reported the claim amounting to KRW 2,458,419,973 (= Principal KRW 1,677,00,000, KRW 781,419,973).
In paying dividends on July 28, 2016, the above court: (a) deemed the Defendant’s claim as the priority repayment claim under Article 38(2) of the Labor Standards Act; (b) distributed KRW 18,000,000 to the Defendant prior to the Plaintiff; and (c) distributed KRW 821,553,230 to the Plaintiff.
The plaintiff appeared on the date of the above distribution and stated an objection to the distribution against the defendant.
[Ground of recognition] The plaintiff's assertion as to the plaintiff's claim of the whole pleadings and the facts without dispute, Gap's evidence Nos. 1, 2, 3, and 4 (including branch numbers) and the purport of the whole pleadings shall be paid KRW 1,500,000 from C.