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(영문) 인천지방법원부천지원 2016.01.19 2015가단105126
배당이의
Text

1. A distribution table prepared on April 1, 2015 by the above court with respect to the case of the voluntary auction of real estate D with the Incheon District Court Branch D.

Reasons

1. Basic facts

A. The Plaintiff acquired the claim against the Plaintiff Company E (hereinafter “Nonindicted Company”) from the Bank of Korea, and made a demand for distribution in the case of the auction of real estate rent D with the Incheon District Court Branch DD, which made the Nonparty Company as the debtor.

The Defendants made a demand for distribution to the non-party company as a wage obligee in the above auction procedure.

B. On the date of the open distribution on April 1, 2015, the auction court of the said voluntary auction case: (a) distributed KRW 3,988,760 to Defendant A, KRW 8,100,00 to Defendant B, KRW 19,416,50 to Defendant C, and KRW 3,381,240 to Defendant C, and KRW 3,60,000 to Defendant C, and KRW 3,60,00 to Defendant C’s dividend amount, KRW 19,416,50 to Defendant C, and KRW 26,397,741 to Defendant C, including the total amount of KRW 19,416,50, and KRW 501 to Defendant C.

(hereinafter referred to as “instant distribution procedure”). 【Defendant B’s ground for recognition: The fact that there is no dispute against Defendant A and C under Article 150(3) and (1) of the Civil Procedure Act, Gap evidence No. 1, evidence No. 2-1 and 2, and the purport of the entire pleadings.

2. The Plaintiff’s claim against Defendant B: (a) the Defendant B made a demand for distribution of the final three-month wage in the instant distribution procedure with the amount of KRW 8,100,000 and distributed the said amount; (b) the Defendant B’s actual last three-month wage was KRW 4,50,000; and (c) as such, the amount of dividends against Defendant B out of the distribution schedule prepared in the instant distribution procedure should be corrected to the above KRW 4,50,000, among the distribution schedule prepared in the instant distribution procedure, the Defendant B made a confession pursuant to Article 150 of the Civil Procedure Act.

Therefore, among the distribution schedule in the instant distribution procedure, the dividend amount of KRW 8,100,000 against Defendant B should be corrected to KRW 4,50,000.

3. Determination as to the Plaintiff’s claim against Defendant A

A. The plaintiff's summary of the plaintiff's assertion is non-party A.

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