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(영문) 인천지방법원 2019.04.16 2018가단32448
배당이의
Text

1. With respect to the case of the voluntary auction of real estate C in Incheon District Court, among the distribution schedule prepared on November 2, 2018 by the above court.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) who was the mortgagee of a right to collateral security (hereinafter “each of the instant real estate”) of each of the instant real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “each of the instant real estate”) filed an application for voluntary auction on January 2, 2018, and accordingly, the Incheon District Court C rendered a voluntary decision to commence the auction of each of the instant real estate on January 3, 2018.

(hereinafter referred to as the “instant auction”) the auction proceeds following the said decision to commence the voluntary auction.

At the time of the decision to commence the auction of this case, the owner of the real estate listed in the attached list No. 1, the owner of the real estate listed in the attached list No. 2, and the representative director of the F Co., Ltd.

C. On the date of distribution implemented on November 2, 2018, the court held that: (a) KRW 731,471,532 in the order of 1st, 731,471,532 in G Limited Company D; (b) KRW 6,634,630 in the order of 1st,630 in the Seo-gu Incheon Metropolitan City; (c) KRW 132,00,000 in the order of 2nd, 360,000 in the company; (d) KRW 360,00 in the order of 3rd, 360,000 in the same company; (e) KRW 228,596,210 in the order of 5th,50 in the same company; and (e) KRW 31,498,528 in the order of 6nd, 300,00 in the order of 3rd,00 in the company; and (e) KRW 500,581.8.

C. On the date of distribution, the Plaintiff raised an objection against KRW 41,106,848, which was a part of the amount distributed to the Defendant on the said date, and thereafter filed the instant lawsuit on November 6, 2018, which was within one week thereafter.

[Reasons for Recognition: Facts without dispute, entries in Gap evidence 1 through 3 (including evidence numbered), the whole purport of pleadings (including the contents entered in the record of the date of distribution attached to the complaint)]

2. Summary of the arguments by the parties and the organization of issues

A. The Plaintiff’s summary of the assertion is the wage obligee who has the highest right of repayment by providing labor to E.

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