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(영문) 광주지방법원 2020.01.29 2018가단27237
배당이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. As to the land for factory E and its ground building E in the Jeonsung-gun Co., Ltd., the F Co., Ltd. applied for the auction of real estate to this court as the mortgagee of the right to collateral security.

B. On November 21, 2018, the same court: (a) distributed KRW 1,523,282,387 to the Defendant, the transferee of F Co., Ltd., the applicant creditor, and (b) prepared a distribution schedule that excludes the Plaintiff, who demanded a distribution as a wage creditor, from the distribution of dividends.

C. Meanwhile, the Plaintiff filed the instant lawsuit on November 27, 2018, without having been present on the date of distribution of the said auction case in progress on November 21, 2018.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 5 (including the case) and the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. As long as a lawsuit of demurrer is not the owner, the person having the right to demand distribution, who made a statement of objection on the date of distribution, may file a lawsuit of demurrer within seven days after he/she made a statement of objection to the distribution, and the lawsuit filed without meeting the above requirements, shall

B. As to the instant case, it is apparent that the Plaintiff did not appear on the date of distribution of the said auction case, and it did not meet the requirements of the lawsuit of demurrer against distribution. Thus, the instant lawsuit is unlawful.

3. The instant lawsuit is dismissed.

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