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(영문) 인천지방법원 2020.02.12 2018가단257933
배당이의
Text

1. Defendant among the distribution schedule prepared on October 24, 2018 by the said court with respect to the F real estate auction case at the Incheon District Court F.

Reasons

1. Basic facts

A. On May 15, 2017, the voluntary auction (hereinafter “instant auction”) was commenced with respect to the land of H and I owned by G Co., Ltd. (hereinafter “G”) and three-story factories (1,185.62m2, 2, 136.62m2, 136.62m2, 3m2, 185, 185.62m2, 136m2, 185m2, 1,185m2 of each of the above land on the ground of the land owned by G Co., Ltd. (hereinafter “G”), with respect to the buildings of single-story factories (1,050m2) (hereinafter “each of the above factories”) located at the Incheon District Court of Incheon on May 15, 2017.

B. On October 24, 2018, the instant auction court: (a) on the date of distribution, Defendant B Co., Ltd. (hereinafter “Defendant B”), C Co., Ltd. (hereinafter “Defendant C”); and (b) on D, as the first priority lessee, KRW 13 million; and (c) on Defendant E, who is the appointed party, KRW 85,256,876, as the first priority wage creditor; (d) KRW 82,373,621; (b) M 5,049,817; (c) 5,873,465,136; (c) 32,377,194; (d) 4,752,631; (e) 365,365,461; and (e) 204,208,67,208,240,367,204, 2067, and 467,2006,367,064, etc.

The Plaintiff appeared on the date of distribution, and raised an objection against the entire amount distributed by the Defendants, and filed a lawsuit of demurrer against distribution on October 30, 2018.

[Ground of recognition] Facts without dispute, Gap 2, 3, 10 evidence (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the claim against the defendant B, C, and D

A. The following facts are acknowledged in full view of the evidence Nos. 4, 6, 11, Eul evidence Nos. 1, 2, Gap evidence No. 5, 6, 7, and the purport of the entire pleadings.

(1) On April 10, 2017, Defendant B had a factory of 500 square meters in Seo-gu Incheon, Seo-gu, and I.

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