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(영문) 수원지방법원 2016.11.24 2016가단513100
부당이득금
Text

1. The Defendants transferred the pertinent bonds listed in the separate sheet to each Plaintiff, and each of the Republic of Korea’s jurisdiction:

Reasons

Attached Form

Facts in the cause of the claim shall not be disputed between the parties, or may be recognized by taking into account each entry in Gap 1 through 5 (including the number of branch offices) and the whole purport of the pleadings.

Wages, retirement allowances, and accident compensation for workers shall be estate claims regardless of whether the time of occurrence is before or after the declaration of bankruptcy (Article 473 subparag. 10 of the Debtor Rehabilitation and Bankruptcy Act). Articles 475 and 475 of the above Act (Repayment of estate claims) shall be repaid from time to time without resorting to bankruptcy procedures.

Notwithstanding the provisions, estate claims shall not be repaid without resorting to bankruptcy procedures, and shall not be subject to any compulsory execution independently based on the estate claims, or shall not be subject to any demand for distribution.

In the auction procedure for real estate belonging to the bankrupt estate, the auction court can only pay it to the holder of the right to separate settlement.

In addition, Articles 348 and 348 (Effect of Compulsory Execution and Preservation Disposition) 1 of the above Act (Effect of Compulsory Execution and Preservation Disposition) (1) Any compulsory execution, provisional seizure or provisional disposition taken against the property belonging to the bankrupt foundation based on

Provided, That the trustee in bankruptcy may continue the compulsory execution procedure for the bankrupt estate.

(2) When the trustee in bankruptcy continues the procedures for compulsory execution pursuant to the provisions of the proviso to paragraph (1), expenses shall be the estate claim, and the trustee in bankruptcy shall be the defendant in any lawsuit of demurrer against any third party against the compulsory execution

Where the auction procedure continues pursuant to the proviso to paragraph (1), the expenses for execution shall be the estate claim (former part of Article 348(2) of the Act), and the remainder (including execution expenses) remaining after distributing it to the holder of the right to separate settlement shall be delivered to the trustee in bankruptcy.

When the auction procedure has commenced or continued by the exercise of the right to separation, not only the principal and interest of the right to separation but also the expenses of execution shall be distributed to the holder of the right to separate settlement.

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