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(영문) 수원지방법원안산지원 2015.11.04 2015가단103272
배당이의
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Facts of recognition

On October 17, 2013, the Industrial Bank of Korea, which created the right to collateral security for F land and buildings owned by E, applied for voluntary auction of the said real estate as D by this court, and thereafter the Plaintiff succeeded to the status of the Industrial Bank of Korea.

The nine members, including the Defendants, worked in E in a workplace operated by E, demanded the court of auction to pay a total of KRW 27,019,853 of retirement allowances, and the G was selected as the designated party.

On March 6, 2015, the auction court distributed 25,843,927 won in total to the designated parties G and the designated parties in the first order on the open date of distribution, and distributed 3,335,170 won in total for the last three months and retirement allowances for the last three years, and prepared and presented a distribution schedule that distributes the remaining 917,346,585 won to the transferee of the right to collateral security.

The Plaintiff appeared on the date of the distribution, and raised an objection to KRW 1,856,304 against Defendant A, KRW 1,552,407 against Defendant B, and KRW 3,914,858 against Defendant C, among the dividend amount of the first-order, and filed the instant lawsuit seeking rectification of the distribution schedule with the same purport as March 12, 2015, within a week from that date.

[Ground of recognition] without any dispute, Gap 1 through 6 (including a provisional number; hereinafter the same shall apply), the plaintiff's assertion of the purport of the entire pleadings, and the plaintiff's assertion of the purport of the judgment that the retirement pension paid to the defendants prior to the preparation of the distribution schedule should be appropriated in proportion to the retirement benefits corresponding to their subscription period, not to be appropriated preferentially for the retirement benefits excluding the last three years, and the retirement pension paid to the defendants prior to the preparation of the distribution schedule, and the amount of the retirement pension calculated by deducting the amount of the retirement pension for the last three years by the ratio of 1095 working days in the retirement pension subscription

If Gap 2, 4, Eul 3 through 5, and each written order for submission of financial transaction information by a corporate bank is added to the purport of the entire pleadings, the business owner E shall be the corporate bank on October 27, 201.

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