beta
(영문) 광주고등법원 2015.10.07 2015나105

배당이의

Text

1. Of the judgment of the first instance court, the part against Defendant C, Appointed F, and Defendant D shall be revoked.

2...

Reasons

1. Basic facts

A. On December 21, 2009, Korea Development Bank (hereinafter “Korea Development Bank”) completed the registration of the establishment of a neighboring real estate (hereinafter “instant real estate”) as indicated in paragraphs (1) through (3) of the attached Table Nos. 1 through (3) of the real estate indication owned by G Co., Ltd. (hereinafter “debtor”) with respect to the land (hereinafter “instant land”). On November 22, 2010, it concluded an additional contract to add the building indicated in paragraph (4) of the attached Table No. 4 of the real estate indication owned by the debtor company to the joint collateral for the registration of the establishment of a neighboring real estate (hereinafter “instant building”) and completed the registration of the establishment of a neighboring real estate based on the said additional contract as to the instant building on November 23, 2010. On April 21, 2011, it completed the registration of the establishment of a mortgage with respect to each real estate indicated in the attached Table No. 12 billion won (hereinafter “instant real estate”).

B. The Korea Development Bank applied for a discretionary auction of real estate on the basis of each of the instant real estate in this case (the Gwangju District Court 2002Hun-Ga E), and the Plaintiff participated in the distribution procedure as the transferee of the claim of the Korea Development Bank.

C. A court of execution prepared a distribution schedule on February 12, 2014 (hereinafter “the instant distribution schedule”) and the Defendants’ dividend amount are as indicated in the following table. On February 12, 2014, the Plaintiff raised an objection against the Defendants’ dividend on the date of distribution, and filed the instant lawsuit on February 18, 2014.

32,212,922,922,980 3 creditors 23,99,863,670 A 4,916,720 1 wage creditors 4,916,720 B 15,819,819,348 C 17,374,730 17,374,730 17,374,730 F 3,250,250,984 D 19,6201,720 3 creditors 23,99,6203 creditors 2,2201,720,7201 wage creditors 4,916,7201 wage creditors 17,374,730 17,730 13,250,984 19,620 19,620 2, Eul or 7-1, 2-2, each of the arguments.

2. The parties' assertion

A. The plaintiff's assertion.