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(영문) 의정부지방법원 2017.04.21 2015가단44397
배당이의
Text

1. Of the dividend table prepared on December 8, 2015 by the competent court with respect to the auction cases of the F District Court of the factory foundation, the district court of the Republic of Korea.

Reasons

1. Basic facts

A. The Plaintiff has a loan of KRW 71,490,795 and damages for delay against G.

B. Each real estate listed in the separate sheet was owned by G. The Plaintiff, the mortgagee of the right to collateral security, filed an application for voluntary auction with the District Court F. The said court rendered a decision to commence the auction on March 19, 2015, and the auction procedure was initiated as to each of the above real estate and the machinery and instruments constituting the factory foundation. As such, Defendant D was awarded the bid for each of the above real estate and the factory foundation during the said voluntary auction procedure.

C. On the date of distribution opened on December 8, 2015, the auction court distributed KRW 341,469,673, which deducts the enforcement cost of KRW 4,244,684, which is the sum of proceeds and interest from sale, from KRW 345,714,357, which is the sum of proceeds from sale, and KRW 341,469,673, which is the remainder of the enforcement cost of KRW 467,67,80, under the premise that the Defendants are the wage creditors against G, the court set up a distribution schedule (see the attached Table) in which the Defendants distribute KRW 18,467,580 to the same Defendant C, and KRW 11,44,130,00 to the same Defendant D, and KRW 6,30,00,000, respectively, to the same Defendant E.

The Plaintiff appeared on the date of distribution, and stated an objection against the total amount of the dividend to the Defendants, and filed the instant lawsuit on December 15, 2015, which was within one week thereafter.

E. Examining the contents of a written application for demand for distribution filed by the Defendants during the said voluntary auction procedure (a written application for demand for distribution submitted by G was prepared by both the Defendants) : ① Defendant B shall pay 9,60,000 won of wages (i.e., 3,200,000 won x 3 months x 3 months) from July 7, 2010 to August 14, 2014; ② Defendant C shall pay 9,081,000 won of wages (i.e., 3,027,000 won x 3 months) from June 15, 2011 to August 14, 201; and ③ Defendant C shall pay 12,864,800 retirement allowances from July 7, 201 to August 14, 2014 to 10, 105, 2014 to 386,580,710,75,714.7

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