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(영문) 의정부지방법원 2017.01.13 2015가단111952
배당이의
Text

1. The request for intervention by an independent party intervenor shall be rejected;

2. All of the plaintiff's claims are dismissed.

3. Due to the principal claim.

Reasons

1. Details, etc. of the distribution schedule prepared by the court (the fact that there is no dispute);

A. The Plaintiff acquired the right to collateral security (the maximum amount of claim 288,480,000) and the secured right under the name of the Bank of Korea, which was completed with respect to the apartment of this case, Q apartment No. 114, 104 (hereinafter “the apartment of this case”) in Yangju-si, Q apartment No. 114, 114, and 104 (hereinafter “the apartment of this case”), and was apportioned KRW 202,373,232 on June 22, 2015 to the compulsory auction of the instant apartment of this case (hereinafter “instant auction”).

B. Defendants and designated parties who demanded a distribution as wages creditor against P (hereinafter both Defendants and designated parties referred to as “Defendants”) received money as specified in the table below on the date of the above auction of this case.

In addition, A 2,548,400 2 B 1,300 2 B 1,300,00 3 C 4,600,00 40 6,552,460 5 K 9,100,00 6 J 2,942,430 7 I 2,939,240 8 H 5,952,170 9 R 2,912,320 2,693,693,60 1,321,70 2,400 32,404,673, 674, 146, 686, 6086, 6086, 6406, 600

C. On June 22, 2015, the Plaintiff appeared on the date of distribution of the instant auction, and raised an objection to the entire dividend amount of the Defendants, and thereafter filed the instant lawsuit on June 28, 2015.

2. Persons who are standing to sue a lawsuit of demurrer against distribution against the legitimacy of the intervenor's application for intervention shall be limited to the creditor or debtor who has appeared on the date of distribution and raised an objection under the substantive nature on the distribution schedule;

(Article 154 of the Civil Execution Act). The filing of a lawsuit of demurrer against distribution by a creditor, who has not appeared on the date of distribution, is unlawful.

The Intervenor paid an amount of money equivalent to KRW 6,290,230 out of the dividend claims to Defendant A, B, D, Ha, H, I, J, K, L, M, and N to the Selected and the said Defendants and the designated parties in accordance with the Wage Claim Guarantee Act. As such, the Intervenor’s dividend claims in this part are the same.

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