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(영문) 대전지방법원서산지원 2015.03.25 2014가단50588
배당이의
Text

1. The Defendant is among the distribution schedule prepared on March 12, 2014 with respect to F real estate auction cases in this Court.

Reasons

1. The key issue of the instant case is whether the Defendants can receive wages for the last three months and retirement allowances for the last three years in the F real estate rental auction case in this Court.

2. According to the purport of the evidence No. 11 and the entire pleadings, the Defendants may recognize the fact that: (a) the Defendants participated in the dividends in the above court G distribution procedure case regarding the deposit money deposited at the High Government District Court Goyang Branch 2013Hun-1825, the deposit money deposited at the District Court Goyang-si; and (b) Defendant B participated in the dividends on September 26, 2013; (c) Defendant B was 32,119,614; (d) Defendant A was 12,57,103; (e) Defendant C was 39,579,523; and (e) Defendant D was 6,804,665 won; and (e) Defendant E was 24,026,300 won as wage creditors.

On October 2, 2013, Seoul CBC Co., Ltd., a person entitled to provisional seizure who did not receive any distribution in the dividend procedure, filed a lawsuit of demurrer against the Defendants (2013Gahap8595), but the said court rendered a judgment against the Plaintiff (Seoul CBC) on November 19, 2014, and the said judgment became final and conclusive.

Based on the above final and conclusive judgment, the Defendants received the top priority dividends as wage creditors in the dividend procedure.

(2) Defendant B appeared on March 4, 2015 and stated to the same effect as above on the fourth day for pleading of the instant case. The amount of unpaid wages and the amount of leaving money and the amount distributed in the distribution procedure by the Defendants during the said distribution procedure are as follows.

The High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's 115,107,205 won, which is the amount corresponding to the last three months' wages and retirement allowances for the last three years among the amount of the defendants' demand for distribution.

Therefore, the defendants' wages for the last 3 months and retirement allowances for the last 3 years have already been extinguished by payment.

B CD E, however, in full view of the respective descriptions and the purport of Gap evidence Nos. 5-1 and 2, the Defendants had been proceeding with respect to each real estate listed in the separate sheet.

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