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(영문) 서울서부지방법원 2017.07.26 2015가단246806
배당이의
Text

1. A distribution schedule prepared by the Seoul Western District Court on December 4, 2015 with respect to the auction case of H real estate by the same court.

Reasons

1. Basic facts

A. On December 9, 2014, Yongsan-gu Seoul Special Metropolitan City building of 114m2 and 5m2 above ground (hereinafter “instant real estate”) owned by J Co., Ltd. (hereinafter “J”). The New Bank Co., Ltd. (hereinafter “New Bank”) (hereinafter “New Bank”) filed an application for auction with the Seoul Western District Court H on December 9, 2014, and the auction procedure was commenced.

B. On March 26, 2015, when the above auction procedure was in progress, the Plaintiff acquired the above-mortgaged claim (party loans or general loan claims) from the new bank. The claim statement submitted during the above auction procedure contains a total of 813,694,634 won (=651,80,000 interest KRW 161,894,634, and December 4, 2015) as the Plaintiff’s claim amount.

C. The instant real estate was sold to a third party through the said auction, and the date of distribution was on December 4, 2015. The Plaintiff appeared on the said date of distribution and raised an objection against the dividend amount of the Defendants who received dividends as a wage creditor against J among the attached table prepared by the said court, and filed the instant lawsuit on December 11, 2015.

On the other hand, the J established on May 6, 1963 and established in Yongsan-gu Seoul Metropolitan Government as its principal office, the purpose of which is L's export and import business, real estate rental business, etc., as L's representative director, and M' corporation (hereinafter "M") is also established on December 13, 1968 and has the same place as its principal office and is viewed as L's representative's visibility and case manufacturing and sales business as L's representative.

L, a representative, N Co., Ltd. (hereinafter “N”) was established on June 19, 198 and its principal place is the same as the location of its principal office, and its business purpose is to make and sell handctos.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 15, Eul evidence 1 to 30 (including provisional number), the purport of the whole pleadings

2. Determination as to each claim against Defendant A, B, and D

A. The plaintiff's assertion by the parties is that M, B, and D are N.

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