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(영문) 춘천지방법원 원주지원 2018.10.10 2017가단5319
배당이의
Text

1. The document prepared by the said court on December 14, 2017 in the original state branch C, D, E (Dual) of the Chuncheon District Court in the voluntary auction of real estate.

Reasons

1. Basic facts

A. At the request of the Plaintiff, who is a mortgagee, the right to collateral security, the lower court rendered a decision to commence an auction of real estate in accordance with the main branch support C, D, and E (Dupl) of the Chuncheon District Court with respect to the 752 square meters and the above ground buildings owned by the Hancheon-si Co., Ltd., Ltd. (hereinafter “Mopung”).

B. In the above auction procedure, the Defendant (Appointed Party) and the designated parties (hereinafter collectively referred to as the “Defendants”) asserted that they were the wage creditors with the highest priority repayment right under the Labor Standards Act as to the point-line play as the employer, and filed a report on the right and demand for distribution, and the Plaintiff submitted a claim statement with the principal amount of the right to collateral security (180,000,000 won).

C. On December 14, 2017, an auction court: (a) distributes a total of KRW 50,000,000 to the Defendants, who are the wage creditors having the right of priority repayment, as shown in the attached Table of distribution amount, among the amount to be actually distributed after deducting the execution cost from the proceeds of sale on December 14, 2017, which is the date of distribution; (b) distributes a total of KRW 30,000,000 to G, who is the wage creditors, etc.; and (c) prepares a distribution schedule (hereinafter “instant distribution schedule”) with the content that distributes the amount of KRW 30,00,00 to the Defendant, who is the right of delivery, the right of priority payment, as described in the attached Table of distribution; and (d) in the same order, the amount of KRW 6,069,150, and KRW 30,598,481, and the amount of KRW 30,593, which is the right of delivery, to the mortgagee

The Plaintiff appeared on the date of distribution, and raised an objection against the total amount of the dividend distributed by the Defendants, and filed a lawsuit of demurrer against distribution on December 21, 2017.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. The Defendants asserted that the Plaintiff’s assertion is not an employee of the point play, and there is no wage claim for the point play.

Therefore, the instant distribution schedule that distributed total of KRW 50,000,000 to the Defendants, who are the right to collateral security, should be revised in preference to the Plaintiff.

(b).

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