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(영문) 전주지방법원 2017.08.08 2016가단33365

배당이의

Text

1. Of the distribution schedule prepared on November 9, 2016 by the previous district court D or E in relation to the auction of real estate.

Reasons

1. Facts of recognition;

A. The Plaintiffs, who were employed in work in studio Korea Co., Ltd. (hereinafter “Non-Party Co., Ltd.”) and retired from office with claims such as wages, etc. as claims, completed the registration of partial repayment of KRW 1,509,237 among the real estate listed in the separate sheet owned by the Non-Party Co., Ltd. (hereinafter “Non-Party Co., Ltd.”) on January 18, 2016, the Plaintiff A (8,028,00) and B (4,00) completed the registration of transfer of the real estate listed in the separate sheet owned by the Non-Party Co., Ltd. (hereinafter “Non-Party Co., Ltd.”) with the Seoul District Court Decision 2016Kao43, Feb. 15, 2016. The Defendant, as a creditor of the non-Party Co., Ltd. on May 11, 2016, “part 2057,539 of the amount of subrogated payment on the ground of confirmation claim”.

B. On April 11, 2016, the former District Court D or E Real Estate Auction case, which commenced on the real estate listed in the separate sheet, as the creditor and mortgagee of the non-party company, was established on November 9, 2016 at the request of the former Bank, which was the creditor and mortgagee of the non-party company, distributed to the non-party company the total reported amount of each claim to 10 wage creditors, such as the non-party Korea Workers' Compensation and Welfare Corporation (the first, the right to request substitute payment), F, etc. (the second and third, the mortgagee), the former North Korean Bank (the second and third, the mortgagee), the defendant (the fourth, the mortgagee, the right to collateral security, the right to claim claims, and KRW 42,518,151). The instant

C. On the date of distribution of the instant case, the Plaintiffs raised an objection as to KRW 5,509,520 against Plaintiff A, KRW 1,028,00 for Plaintiff B, and KRW 1,870,404 for Plaintiff C, respectively, on the date of distribution of the instant case, and thereafter filed the instant lawsuit on November 14, 2016, one week thereafter.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Eul evidence 1, Eul evidence 6-1 and Eul evidence 6-2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The key point of the plaintiffs' assertion is the amount of each objection made by the defendant on the date of distribution of this case, which is the wages of the last three months against the non-party company and the last three years.