The distribution schedule prepared by the above court on December 24, 2014 with respect to D real estate auction cases in Busan District Court Branch D.

Facts of recognition

On October 7, 2013, the D Voluntary Auction procedure was initiated in this Court on October 7, 2013 with respect to F-si land for the F-si, Kimpo-si, Kimpo-si, Kimpo-si, Inc. (hereinafter “Nonindicted Company”).

(hereinafter “instant auction”). At the instant auction procedure, 11 persons, including Defendant A, B, C, and Nonparty G, H, I, J, K, K, L, M, and N, etc. (hereinafter “wages creditor demanding distribution”) asserted that they are the wage creditors against the non-party company on December 19, 2013 (attached Form 1) and filed an application for a demand for distribution by stating the claim for distribution, such as the bond statement.

(hereinafter “instant demand for distribution”). On February 19, 2014, after December 24, 2013, the date of the instant demand for distribution, Defendant Korea Workers’ Compensation and Welfare Service calculated the substitute payment amount as stated in the details of the determination on physical wage and retirement allowance (attached Form 2), and paid the relevant amount (hereinafter “instant substitute payment”), and on February 24, 2014, filed an application for the demand for distribution by subrogation of the wage creditors as above.

On December 24, 2014, the instant auction court recognized the total amount of the instant substitute payment as the wage claim with the preferential right to payment under Article 38(2)1 of the Labor Standards Act and Article 12(2) of the Guarantee of Workers’ Retirement Benefits Act (hereinafter “minimum preferential right to payment”), and distributed 109,047,290 won, which is the full amount of the instant substitute payment, to the Defendant Workers’ Compensation and Welfare Service. As the wage claim amount with the preferential right to payment exceeding the said substitute payment, the court prepared a distribution schedule to the Defendant A as allocating KRW 9,817,50,50 to the Defendant B, KRW 592,610, and KRW 2,915,430 to the Defendant C, and KRW 2,148,238,949 to the Plaintiff, a mortgagee, who is a right to collateral security.

(hereinafter “instant distribution schedule”). On the said distribution date, the Plaintiff filed the instant lawsuit on December 30, 2014, following an objection to the total amount of dividends against Defendant Labor Welfare Corporation of KRW 39,163,369 and Defendant A, B, and C of the amount of dividends.

The relationship between the non-party company and the Defendants.