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(영문) 서울동부지방법원 2015.03.03 2013가단124368
배당이의
Text

1. The plaintiff's claim against the defendant A and the main claim against the defendant B are dismissed, respectively.

2. Defendant B and C.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, Gap evidence 1 through 5, Gap evidence 8 and 9 (including those with additional numbers), the purport of the whole pleadings);

A. The Industrial Bank of Korea (hereinafter “the instant real estate”) against the mortgagee of the collective security (i) on September 5, 2001, the maximum debt amount of KRW 156 million, which was owned by Seongdong-gu Seoul (hereinafter “the instant real estate”), against the person holding the collective security (i) the collective security on October 13, 2001, (ii) the maximum debt amount of KRW 84 million, (iii) the collective security on August 3, 2004, (iv) the maximum debt amount of KRW 140 million, (v) the collective security on March 2, 2007, (v) the maximum debt amount of KRW 60 million, and (v) the maximum debt amount of KRW 60 million, which was registered as the collective security on March 7, 2008, and applied for voluntary auction of the instant real estate by the Seoul East East District Court on the basis of this decision.

B. In the above auction procedure, Defendant A filed a report on the right and demand for distribution based on the wage and retirement allowance claim with the top priority repayment right on May 24, 2013. Accordingly, Defendant A attached the details of the deposit account from July 1, 2010 to December 31, 2012 under the name of the head of Seoul Regional Employment and Labor Agency, who was transferred wages by Defendant A, to Defendant A’s spouse, to whom the payment was transferred. According to the aforementioned request for confirmation of the amount of delayed payment, Defendant A did not receive the amount of KRW 2,714,154, and KRW 200,000 from June 15, 201 to July 24, 201 (hereinafter “first work period”), but did not receive the amount of KRW 2,516,00,000 from November 30, 201 to December 26, 2012 (hereinafter “the instant amount of retirement allowance”).

On the other hand, the materials such as the 4th insurance policy are proved.

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