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(영문) 의정부지방법원 2017.06.27 2017가단100239
배당이의
Text

1. Of the distribution schedule prepared on December 28, 2016 by the High Government District Court with respect to the case of voluntary auction of real estate B, the same court.

Reasons

1. Facts of recognition;

A. The Plaintiff’s status 1) The Industrial Bank of Korea Co., Ltd. (hereinafter “The Bank”).

(C) On September 16, 2013, the Plaintiff: (a) on September 16, 2013, and on August 16, 2013, and on August 8, 2006, the land for a factory owned by C (hereinafter “instant real estate”).

(2) As C did not repay its loan obligations, the Industrial Bank of Korea applied for an auction to exercise the security right on the instant real estate and received a voluntary decision to commence the auction on July 1, 2015 (hereinafter “auction case”).

3) The Industrial Bank of Korea concluded an asset transfer agreement with the Korea Securities Finance Corporation on August 27, 2015, and the Korea Securities Finance Corporation concluded an asset transfer agreement with the Plaintiff on September 22, 2015. Afterward, the Industrial Bank of Korea has taken the procedures for notification of the transfer of claims and newspapers twice pursuant to Articles 7 and 8 of the Asset-Backed Securitization Act, and has completed the procedures for registration with the Financial Supervisory Service, thereby transferring the Bank’s loan claim and security right to C to the Plaintiff. (B) The relationship C and the Defendant are the representatives of E, and the Defendant is the employee of E, who is the employee of E (hereinafter “instant wage”).

(C) On September 10, 2015, the court of execution made a demand for distribution in the auction case on the ground that the applicant failed to receive the said amount. (c) On December 28, 2016, the court of execution prepared a distribution schedule (hereinafter referred to as “instant distribution schedule”) under which the Plaintiff distributes each of the amount of KRW 970,959,858 to the Defendant, who is the wage obligee, in the second order, from KRW 981,41,628 to the amount to be actually distributed on the date of distribution on the date of distribution, from KRW 7,50,00,000, and KRW 2,951,770 to the Defendant, who is the wage obligee, in the second order.

2) The Plaintiff appeared on the aforementioned date of distribution, and raised an objection to the total amount of dividends against the Defendant on January 3, 2017, and filed the instant lawsuit on January 3, 2017 (the fact that there is no dispute over the grounds of recognition, the evidence Nos. 1 through 10, 11 through 13, and evidence Nos. 1 and 2, respectively.

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