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(영문) 대구지방법원안동지원 2015.11.04 2015가단21226
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The non-party D Co., Ltd. (hereinafter “non-party D”) owned the two-story factories of the instant land and the two-story factories of the instant general steel structure and the instant plant in sequence, both of which are located on the land and the above ground.

In the instant land, the Daegu District Court: (a) received on November 26, 2012 from the 37854, and completed the registration of creation of a mortgage over the bank, the bank, the maximum debt amount of which was KRW 906,00,000,000; (b) however, the Plaintiff is the company that acquired the above collateral security claim against the non-party company from the bank of Korea.

B. On September 2, 2014, with respect to the instant factory, the real estate auction procedure was initiated on September 2, 2014 as the Daegu District Court-dong Branch B, and on the instant land as the same court C (Dupl) on November 10, 2014.

(hereinafter “instant auction”). C.

Meanwhile, Defendant A filed a lawsuit against Nonparty A seeking payment of the said money under the Daegu District Court Decision 2014Da34581, asserting that he/she did not receive the total amount of KRW 39,312,548 of wages and retirement allowances.

On September 26, 2014, the above court rendered a favorable judgment against Defendant A, and the above judgment became final and conclusive. D.

Defendant A claimed the payment of unpaid wages on behalf of the non-party company pursuant to Article 11(2) of the Act on the Guarantee of Workers' Retirement Benefits and Article 7(1) of the Wage Claim Guarantee Act, and the Korea Workers' Compensation and Welfare Service paid 11,405,950 won as substitute payment on April 6, 2015.

E. In the instant auction procedure, Defendant A demanded the remainder of the wage claim 4,754,985 won, and Defendant Korea Labor Welfare Corporation demanded the substitute payment of KRW 11,405,960 by legal subrogation of Defendant A.

On the date of distribution on May 6, 2015, the court of auction held that the land in this case and the amount of KRW 1,274,617,717, out of the sales price of the factory in this case, are actually distributed.

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