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(영문) 창원지방법원 2017.06.22 2016가단16064
배당이의
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party) and the appointed party.

Reasons

1. Basic facts

A. The Plaintiff (Appointed Party) and the designated parties (hereinafter “Plaintiffs”) are the wage creditors against the Pacific PP Co., Ltd. (hereinafter “PPP”). The amount of each wage claim held by the Plaintiffs against the Pacific PPP is indicated in the “amount of wage claim” as indicated in the attached Table.

B. 1) The Gyeongnam Bank Co., Ltd. (hereinafter “Gyeongnam Bank”) is limited to the establishment of a collateral security right.

(2) On July 18, 2012, 201, 2629 m2, 2629 m2 and its ground-based factory building (hereinafter “each of the instant real estate”) in Changwon-si, Changwon-si, Changwon-si, where the registration of ownership transfer was completed under the name of

As to the obligor’s extension of traffic, maximum amount of debt 2,040,000,000 won, the establishment registration of the establishment of the neighboring mortgage (hereinafter “mortgage of this case”) No. 16699, which was received by the Jinwon District Court, was determined by Jinwon District Court.

(2) On February 1, 2013, the Defendant acquired the right to collateral security from the Gyeongnam Bank to acquire the right to collateral security from the Pacific Bank. (3) On February 1, 2013, theO completed the registration of ownership transfer on each of the instant real estate.

C. 1) The execution procedure of the voluntary auction procedure was initiated to the Changwon District Court B with respect to each of the instant real estate (hereinafter “instant auction procedure”).

On August 19, 2016, each of the instant real estate was sold. 2) At the above auction procedure, the executing court prepared a distribution schedule that distributes the amount of KRW 1,676,377,717 to be actually distributed on September 22, 2016 (hereinafter “instant distribution schedule”).

The distribution ratio of the amount of dividends on the grounds of the dividend ranking creditor 1 defendant (the bank prior to the transfer): 2,087,224,478 1,676,377,7172.82.18

D. The Plaintiffs, in the above auction procedure, did not demand a distribution as the top priority repayment right holder for each of the instant real estate, but excluded from the distribution.

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