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(영문) 서울남부지방법원 2018.02.09 2017가단212655
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Q engaged in the manufacturing of metal assembly structural materials under the trade name of “R.” The real estate listed in the separate sheet owned by Q (hereinafter “instant real estate”) was voluntarily applied for auction by the National Bank, a mortgagee, at the request of the National Bank, Co., Ltd., a right to collateral security (hereinafter “instant real estate”). On April 20, 2016, the decision to commence auction was made to P, and the auction procedure was in progress

B. In the above auction procedure, Defendant 2 through 16, who is the workers of Q, and S, T, and U, on June 14, 2016, prior to the completion date to demand a distribution, demanded a distribution of KRW 121,58,702, which is the top priority wage claim. The Defendant Labor Welfare Corporation subrogated KRW 97,585,025 among them to the wage creditors for Q, in accordance with the relevant statutes.

C. After that, the instant real estate was sold to V on January 17, 2017. On March 9, 2017, the date of the distribution, the amount of KRW 288,822,978, which was the date of the distribution, obtained by deducting the execution cost from the amount added to the proceeds of sale, was 23,906,904 out of the amount to be actually distributed from the proceeds of sale on March 9, 2017, the distribution schedule was prepared in order of priority to Defendant 2 through 16,97,585,025 won, who was the first priority wage obligee of the debtor Q, and to the Defendant Labor Welfare Corporation, the person holding the right of delivery, the holder of the right of delivery, the second priority of KRW 1,428,345, and KRW 1,418,795, to the Plaintiff, the transferee of the right of collateral security, who was the applicant creditor and the transferee of the right of collateral security.

On March 9, 2017, the date of distribution, the Plaintiff raised an objection to the entire amount distributed by the Defendants, and filed a lawsuit of demurrer against distribution on March 15, 2017, the period within one week thereafter.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1 to 3, 5, Eul evidence 4-1 to 9, Eul evidence 1-1 to 3, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the “certificate of proof on the business owner, such as wages in arrears,” issued by the Central Employment and Labor Agency of the first mid-to the Plaintiff’s assertion, the actual representative is Q and the representative is the name.

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