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(영문) 의정부지방법원 2019.01.15 2018가단110745
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff entered into a construction contract with the said reconstruction association on April 15, 2014 with regard to the new construction of apartment houses and ancillary welfare facilities promoted in one parcel outside of Incheon Gyeyang-gu, Incheon.

B. The Defendants worked as the Plaintiff’s employee until October 20, 2017.

C. On December 15, 2017, the Defendants provisionally attached the Plaintiff’s claim for construction price against the said reconstruction association by taking the Plaintiff’s claim for overdue wages, etc. as the claim for overdue wages, etc.

Jincheon District Court 2017Kadan6260). D.

The above reconstruction association received a seizure and collection order from the non-party G prior to the delivery of the provisional seizure order.

(The District Court 2017TTTT 57868). (e)

On January 3, 2018, the said reconstruction association deposited KRW 159,381,844 of the amount of debt to the Plaintiff in this court, and this court distributed KRW 159,363,278, excluding the cost of execution on March 29, 2018, as follows:

Creditors B (In Incheon District Court 2017Kadan6260) C (In Incheon District Court 2017Kadan6260), G (In Incheon District Court 2017 Tadan5788), G (In Incheon District Court 2017Kadan6260), C (In Incheon District Court 2017Kadan6260), amount of principal 42,261,996 33,984,712 233,560,0476, 647, 870, 2000 0000 42,261,963,963, 267, 984, 196, 206, 206, 2063, 264, 207, 1963, 284, 2360, 567, 2848, 286, 2948

F. On December 27, 2017, the Defendants filed an application for a payment order against the Plaintiff seeking payment of overdue wages (Seoul District Court 2017 tea7331) and served the Plaintiff on January 8, 2018.

[However, on August 23, 2018, the Plaintiff filed a lawsuit of demurrer (In Incheon District Court 2018Dadan24081)]

G. Meanwhile, H apartment I reconstructed by the said reconstruction association was reconstructed on July 3, 2017 and the registration of ownership transfer was completed in Defendant B’s wife J on July 3, 2017.

【Ground A】 Class 1, 4, 9, 13, 14, 14.

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