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(영문) 대전지방법원논산지원 2016.02.04 2015가단3399

배당이의

Text

1. Defendant among the distribution schedule prepared on September 4, 2015 with respect to D real estate auction cases in the Daejeon District Court Seosan Branch D.

Reasons

Basic Facts

Attached Form

The transfer of ownership of each real estate in the list and the establishment of a collateral security right 1) Dae Young Tech Co., Ltd. (hereinafter referred to as " Dae Young Tech").

(1) On October 9, 2012, the Real Estate listed in [Attachment List No. 1] from E on October 9, 2012 (hereinafter referred to as “instant Real Estate”) refers to the Real Estate listed in Attached List No. 1; the remaining Real Estate is referred to as “the instant Real Estate”; and each of the Real Estate listed in Attached List No. 1) shall be referred to as “the instant Real Estate.”

(2) On October 10, 2012, Korea Bank Co., Ltd. (hereinafter “Korea Bank”) completed the registration of creation of a mortgage over the real estate Nos. 1 through 4, 2012, on October 11, 2012, based on the contract to establish a contract on October 10, 2012, with respect to the instant real estate No. 1 through 4, and the instant five real estate owned by Dae Young Tech, the debtor Grand Tech, the mortgagee of a mortgage, the bank of Korea, and the maximum debt amount of the mortgage amount of KRW 60 million.

(3) On July 3, 2013, the Plaintiff completed the registration of the right to claim ownership transfer based on the purchase and sale promise on July 2, 2013 with respect to the instant real estate Nos. 1 through 4, and completed the principal registration based on the said provisional registration on September 5, 2013 with respect to the instant real estate Nos. 1 through 4 on the grounds of sale on July 2, 2013. The Defendants were the employees of Dae Young Tex. 1)

2) On July 1, 2013, Defendant C obtained the provisional attachment order for the instant Claim Nos. 1 through 4 real estate with its claim for wage amounting to KRW 6,068,006 against its Daechix (Seoul District Court 2013Kadan10135), and on the same day, the entry registration of the provisional attachment order was completed (hereinafter “instant provisional attachment No. 1”).

(3) Defendant A and B rendered a provisional attachment order on August 23, 2013 with the sum of KRW 6,940,977 as the claim amount of wages against the Dae Young-Tex as the claim amount.