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(영문) 대구고등법원 2015.12.23 2013나21445
배당이의
Text

1. The judgment of the court of first instance is modified as follows.

In the Daegu District Court B, C(Consolidated) real estate auction case.

Reasons

1. The following facts are either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, 3, and 5, and Eul evidence No. 1 (including the branch number, if not specially indicated; hereinafter the same shall apply) and the purport of the whole pleadings, and there is no counter-proof.

The Industrial Bank of Korea filed an application for an auction of real estate rent (hereinafter “instant auction”) with a Daegu District Court C and B on May 15, 2012 with respect to the Daegu Northern-gu G factory site owned by DM, 872m2m2, and 79m2, etc. for an I factory site owned by H around February 2012, as creditors of DM (hereinafter “DM”), which was a creditor of DM in Korea (hereinafter “DM”), and rendered a decision to commence the auction on May 15, 2012.

B. Defendant Korea Labor Welfare Corporation (hereinafter “Defendant Corporation”) demanded dividends in the instant auction procedure on the ground that it paid substitute payment to its employees as shown in attached Table 2, and the Plaintiff acquired the right of the applicant obligee from the Industrial Bank of Korea and reported it to the executing court.

C. On May 30, 2013, as the date of the distribution of the instant auction, the executing court, as the holder of the first priority distribution right, distributes the amount of KRW 240,480,220, Daegu-gu, Daegu-gu, which is the holder of the right of delivery (the pertinent tax), KRW 863,460, and KRW 34,864,671 (Defendant A20,248,274, 738,520, 738,520, 10,469, E- 3,407,926) to the Defendant Corporation, who is the holder of the right of substitute payment, as the holder of the second priority distribution right; KRW 1,64,300,00, and KRW 384,00,000, and KRW 3881,3488,481,57,397, and the Korea Technology Credit Guarantee Fund, as the holder of the right of delivery;

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