배당이의
All appeals are dismissed.
The costs of appeal are assessed against the Plaintiff.
1. The facts found by the court below are as follows. A.
The reasons why the Plaintiff raised an objection to the distribution in the instant auction procedure are as follows.
1) On July 19, 201, at the Plaintiff’s request, an auction for the exercise of the security right to the instant real estate owned by the bankrupt company (which is located in Chungcheongnam-si) (hereinafter “instant auction”) by Seosan Branch A of the Daejeon District Court on July 19, 201.
(2) The Defendant Labor Welfare Corporation paid a substitute payment to the employees of the bankrupt company on behalf of the bankrupt company pursuant to Article 7 of the Wage Claim Guarantee Act, and made a demand for distribution in subrogation of the above employees in the auction procedure of this case in accordance with Article 8 of the same Act.
Defendant workers were workers who did not receive substitute payments from the Korea Labor Welfare Corporation, and were required to demand a distribution based on wages and retirement allowance claims in the auction procedure of this case.
3. On March 12, 2012, with the permission of the Seoul Central District Court, which is the bankruptcy law, for the waiver of the instant real estate from the property of the bankrupt estate on the grounds that the expenses for the management of the instant real estate exceed the revenue and that it is not expected that the person having the right to separate settlement would not apply for an auction to exercise the right to collateral, etc.
4. The bankrupt company sent a notice containing the intent to waive the right to the instant real estate to the bankrupt company.
4) In the instant auction procedure, with respect to KRW 1,083,50,07,00 of the actual amount to be distributed out of KRW 1,083,5,00 on September 26, 2012, the amount indicated in the purport of the claim in the holding of the lower judgment that constitutes the final three-month wage and the final three-year retirement allowance (total amount KRW 637,972,819) shall be deemed to be the distribution schedule (hereinafter “instant distribution schedule”) that distributes each of the KRW 445,534,228 to the Defendant Workers’ Compensation and Welfare Service in the second order.
(5) On September 26, 2012, the Plaintiff appeared on the date of distribution of the instant auction and appeared on September 26, 2012 to the Defendants.