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(영문) 수원지방법원평택지원 2016.03.23 2015가단45692
배당이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant filed an application for a compulsory auction on the ground building 183-1 (hereinafter “instant real estate”) in Ansan-si, and the compulsory auction was commenced as B in this court.

B. On September 17, 2015, among KRW 2,403,651,09, which is the amount to be actually distributed on the date of distribution of the above auction procedure, the court prepared a distribution schedule that distributes each of the amount of KRW 155,395,606 to the bankruptcy trustee of the Plaintiff’s Gyeonggi-gu Savings Bank Co., Ltd., and KRW 133,176,717 to the bankruptcy trustee of the Plaintiff’s bankrupt debtor savings bank, KRW 87,177,459 to the bankruptcy trustee of the Plaintiff’s bankrupt debtor savings bank, KRW 87,177,459 to the bankruptcy trustee of the Plaintiff’s bankrupt debtor savings bank, and KRW 103,221,268 to the bankruptcy trustee of the Korea Asset Savings Bank Co., Ltd., Ltd., and KRW 1,788,845,299 (hereinafter “instant

C. On September 17, 2015, the Plaintiffs raised an objection to the amount stated in the purport of the claim among the dividend amount against the system companies on the aforementioned date of distribution, and filed the instant lawsuit on September 23, 2015, within one week.

On September 21, 2015, prior to the filing of the instant lawsuit, the Seoul Central District Court 2015 Ma10233 decided to commence rehabilitation procedures for the system business corporation, and the Defendant was deemed the manager of the said company on the same day.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 and 3, significant facts in this court, the purport of the whole pleadings

2. Judgment on the plaintiffs' assertion

A. The plaintiffs asserted that they are creditors holding provisional attachment regarding the real estate of this case as the creditors holding loans to ero cancer Development Co., Ltd. (hereinafter "the company of this case"). The defendant is the creditor holding loans to the company of this case and the joint and several liability of the company of this case, and the defendant paid part of the joint and several liability debt.

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