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1. With respect to the Cheongju District Court B [C, D (Dual), E, F (Dual)] real estate auction case.
Reasons
1. Basic facts
A. On June 2013, the National Bank of Korea (hereinafter “the instant company”) applied for voluntary auction as a mortgagee of the right to collateral security on the H factory site 4959 square meters of land, etc. owned by Nonparty G Co., Ltd. (hereinafter “the instant company”). On July 3, 2013, the voluntary auction was commenced on July 3, 2013, and the said auction case was conducted together with the said court B, C, E, and F auction case, and the auction procedure was conducted simultaneously.
(hereinafter referred to as “instant auction case”). B.
The Plaintiff acquired claims and collateral security (the total amount of claims is KRW 960,000,000) against the instant company from the National Bank of Korea, and succeeded to the status of the said bank during the process of the auction case. On August 22, 2014, the Plaintiff submitted a claim statement stating that the principal and interest on the instant company was KRW 816,920,254 (=the principal and interest on the instant company was KRW 693,360,000 until October 7, 2014).
C. On October 7, 2014, the date of distribution of the instant auction case, the Plaintiff received KRW 696,546,430,00 from the Plaintiff, and the Defendant, as wage creditors, received KRW 7,500,000 as dividends, the distribution schedule was prepared. The Plaintiff stated an objection against the total amount of dividends to the Defendant on the date of distribution, and filed the instant lawsuit on October 14, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, 6, 7, 9, 11, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion 1) The defendant's summary of the plaintiff's assertion was prepared in the distribution schedule that he participated in the distribution of the auction case of this case even though he is not an employee under the Labor Standards Act, and as such, the distribution schedule against the defendant should be deleted among the distribution schedule of the auction case of this case. The defendant's summary of the defendant's assertion that the defendant's dividends against the plaintiff are made in addition to the corresponding amount.