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(영문) 서울동부지방법원 2015.03.25 2014가단47024
배당이의의 소
Text

1. Of the distribution schedule prepared by the said court on September 19, 2014 in the Seoul Eastern District Court B real estate auction case.

Reasons

1. Facts of recognition;

A. The International Trust Co., Ltd. (hereinafter “Bankruptcy Company”) was declared bankrupt on November 20, 2013 in Seoul Central District Court Decision 2013Hahap183, and the Plaintiff was appointed as the bankruptcy trustee.

B. On December 11, 2013, the Seoul East-dong Seoul District Court B opened the real estate auction procedure with respect to two households from among the buildings of 99-3, 99-4 ground officetels, Songpa-dong, Songpa-gu, Seoul District Court, the bankrupt company, on the application of the Bank of Korea, which is the mortgagee.

(hereinafter “instant auction”). C.

On February 25, 2014, Korea Labor Welfare Corporation paid 87,325,00 won as substitute payment to 58 workers of the bankrupt company, including C, for the last three months.

On March 3, 2014, the Plaintiff made a demand for distribution of KRW 87,325,00,00 of the wage claim against the bankrupt company by subrogationing the payment workers of substitute payment such as C, etc. in the instant auction procedure.

E. On September 19, 2014, the instant auction court distributed the total amount of KRW 219,289,840 to the Defendant on the date of distribution. The Plaintiff raised an objection to KRW 87,325,00 among them, and filed the instant lawsuit on September 25, 2014.

[Judgment of the court below] Facts without dispute, Gap's evidence of subparagraphs 1 through 4, and the purport of the whole pleadings

2. The plaintiff asserts that the plaintiff, who is the bankruptcy trustee of the bankrupt company, should receive the wage claim owned by the bankrupt company on behalf of the workers by subrogation of the Korea Workers' Compensation and Welfare Corporation, and the defendant does not have the right to receive the wage claim of the worker.

Claims that take precedence over the right to separation, such as wage claims for the last three months of workers, etc. in the auction procedure commenced by the execution of such right, such as a right to separation on real estate owned by the bankrupt, shall also prevent the holder of the right to separate settlement from gaining any profit more favorable than before bankruptcy due to bankruptcy.

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