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(영문) 서울동부지방법원 2017.06.15 2016가합105228
배당이의
Text

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

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

Reasons

1. Basic facts

A. The Plaintiff’s status 1) National Bank Co., Ltd. (hereinafter “National Bank”)

(2) On April 2, 2012, G completed the registration of the establishment of the neighboring H apartment 201 Dong 1503, Songpa-gu Seoul Metropolitan Government H apartment 201, G on April 2, 2012 in order to secure the loan claims against G. (2) The national bank filed an application for an auction to exercise the security right on the above apartment and received a decision to voluntarily commence the auction (Seoul East East District Court D, the same court E, and F) on June 23, 2015.

3) On August 11, 2015, the National Bank concluded an asset transfer agreement with the company Ep&A on behalf of August 11, 2015, and instead, Ep&A concluded an asset transfer agreement with the Plaintiff on September 2, 2015. After that, the National Bank had conducted two procedures for notification of the assignment of claims and newspaper announcement to the Financial Supervisory Service pursuant to Articles 7 and 8 of the Asset-Backed Securitization Act, and transferred the national bank’s claims for loans and security rights to G to the Plaintiff. (B) G and the Defendants’ relationship 1) G jointly with the I Hospital (the final trade name: Ja Hospital; hereinafter “I Hospital”) from December 1, 2010 to February 24, 2014, and closed its operation solely from March 24, 2015 to June 24, 2015.

2) The Defendants, as employees of the first hospital, are wages in arrears and retirement allowances (hereinafter “instant wages”) against G as Seoul Eastern District Court 2015 tea and 17481 (hereinafter “Seoul East Eastern District Court”).

filed an application for the payment order.

On July 24, 2015, the above court issued a payment order with the same content as the Defendants’ application. The above payment order was finalized on August 12, 2015.

The Defendants are subject to the above payment order on 9. 2015.

7. The demand for distribution was made in the auction case.

3) Meanwhile, on July 9, 2015, G is deemed to be a member of Lane (hereinafter “2 member”).

B opened business, and around July 13, 2015, the Defendants were employed as employees of the second class.

(c).

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