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(영문) 서울북부지방법원 2016.07.01 2014가단44380
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 8, 2011, the Plaintiff completed the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 300 million, based on the joint security of each of the respective real estates listed in the separate sheet owned by D (hereinafter “each of the instant real estates”).

B. While running the main business in the name of “E”, as the business difficulties deepened, D filed a voluntary closure report on October 31, 2012. On January 18, 2013, the head of Yangyang District Employment and Labor Office recognized the fact of bankruptcy, etc. on July 10, 2013 following the investigation upon a worker F’s application for recognition of bankruptcy, etc. The employee claimed substitute payment such as unpaid wages and retirement allowances, and the Defendant Labor Welfare Corporation paid the substitute payment to 14 employees, such as Defendant B, etc. on December 12 and June 16, 2012 as part of the total amount of wages for the last three months and retirement allowances for the last three years (hereinafter “instant substitute payment”).

C. On January 13, 2014, the Plaintiff filed an application for the commencement of voluntary auction with the Seoul Northern District Court C regarding each of the instant real estate, and the decision of voluntary commencement of auction was rendered on the same day, and the entry registration was completed on the same day.

(hereinafter referred to as the “instant auction procedure,” following the instant decision on commencing the auction procedure.

In the instant auction procedure, on January 24, 2014, the Defendant Labor Welfare Corporation filed a report on the right to the instant substitute payment claim and filed an application for a demand for distribution, and Defendant B and G, H, I, J, K, L, L, F, M, N, andO (hereinafter “Appointed”) made Defendant B as the designated party on March 25, 2014, which is the date of the completion date to demand distribution, and on March 25, 2014, Defendant B was appointed as the designated party to the instant auction procedure. The Defendant Labor Welfare Corporation asserted that there was a claim, such as wages and retirement allowances, with the highest priority payment right as indicated in the sum of wages/retirement allowances among the retirement allowances, and claimed that Defendant B and G, H, I, J, K, L, L, M, N, andO had a claim, such as

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