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(영문) 인천지방법원 부천지원 2018.05.30 2017가단115714
배당이의
Text

1. As to the Busan District Court I, J (Joint), K (Joint), L (Dual Real Estate) compulsory auction cases.

Reasons

1. Basic facts

A. The real estate auction procedure was conducted under the Incheon District Court I, J (Joint), K (Joint), L(Joint) with respect to five real estate, including 1105 square meters of land for Nanpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si.

B. On November 2, 2017, the auction court set up a distribution schedule with the content that distributes part of the maximum debt amount to the Plaintiff, who is the applicant creditor, in the first priority as shown in the attached Table, on the date of distribution.

C. On the date of distribution, the Plaintiff raised an objection against the “amount of objection to distribution” indicated in the attached Table among the dividend amount of the Defendants on the said date, and filed a lawsuit of demurrer against distribution on November 8, 2017.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 12 (including provisional number) and the purport of the whole pleadings

2. Claim against Defendant A, B, C, D, and E

A. The Plaintiff asserted by the parties, even though it is the wage creditor having the right to preferential reimbursement, should make a lawful demand for distribution by the completion period for the demand for distribution, and the said Defendants continue to work in M without withdrawal by June 14, 2016, which is the final date for the demand for distribution.

With retirement on October 31, 2016, the aforementioned Defendants asserted that the aforementioned Defendants’ dividends were unlawful, since the grounds for payment of retirement benefits did not have been issued by the deadline for demanding distribution.

As to this, the above Defendants retired before the completion date of the demand for distribution, and accordingly, they issued a retirement allowance payment ground and lawful demand for distribution by the completion date of the demand for distribution. Accordingly, they asserted that the said Defendants’ dividends are lawful.

B. According to each of the statements in Eul evidence Nos. 1 through 4, ① the representative director of M, the Incheon District Court Branch of M 2017Kadan672, violation of the Labor Standards Act, and violation of the Guarantee of Workers' Retirement Benefits Act, Defendant E, A, B, C, and D are recognized to retire on or around November 30, 2015, ② the above Defendants are deemed to retire on or around November 30, 2015.

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