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(영문) 대전지방법원천안지원 2017.06.21 2016가단106786
배당이의
Text

1. On June 16, 2017, the Daejeon District Court's Branch B and C (Dual) auction of real estate.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) D Co., Ltd. (hereinafter “D”).

(B) On November 28, 2012, the Bank of Korea (hereinafter “instant real estate”) shall operate the land and buildings E located in Asan City, and the heading and sub-heading (hereinafter “instant real estate”).

(1) As to the maximum amount of debt, the right to collateral security (hereinafter referred to as the “mortgage”) of the instant case is deemed to be the secured debt

(2) On October 22, 2015, the Industrial Bank of Korea concluded an asset acquisition agreement with the Korea General Finance Corporation on the transfer of claims against the instant collateral security. The Industrial Bank of Korea and the Korea General Finance Corporation concluded an asset acquisition agreement with the Plaintiff on November 13, 2015.

On November 16, 2015, the Industrial Bank of Korea notified D of the fact that it transferred the instant right to collateral security to the Plaintiff.

B. Defendant (Appointed Party) (hereinafter “Defendant A”) (hereinafter “Defendant”) and Defendant A”), including the payment of wage claims by Defendant (Appointed Party) and the designated parties, and substitute payment by Defendant Labor Welfare Corporation.

(2) On or around May 21, 2015 and June 9, 2015, the number of employees of D, including the remaining designated parties, including the designated parties F, shall be determined by the head of the Daejeon Regional Employment and Labor Agency for the verification of overdue money and valuables (a evidence No. 2-1, 2, hereinafter “the verification agency of overdue money and valuables”).

(2) On June 18, 2015, Defendant A and Appointors filed a lawsuit seeking confirmation of the status of workers on the grounds that the amount of overdue wages and retirement allowances of Defendant A and Appointors stated in the confirmation center of the amount in arrears was stated in the attached Table 1 “amount in arrears of the amount in arrears of the amount in arrears.”

D In the foregoing case, D presented a written reply to the effect that the F’s argument is fully recognized on or around June 29, 2015.

On September 4, 2015, the aforementioned court rendered a judgment to the effect that F is a D’s employee (hereinafter “instant judgment”). The instant judgment became final and conclusive around that time.

In addition, the designated parties F shall be Daejeon District Court on June 26, 2015.

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