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(영문) 서울남부지방법원 2018.12.11 2018가단228244
배당이의
Text

1. With respect to the Seoul Southern District Court B real estate auction, C real estate auction auction (duplicate) auction, the above court shall have jurisdiction over the above case.

Reasons

1. Basic facts

A. The Plaintiff was employed as a doctor at E dental clinic operated by D, and was employed from March 3, 2016 to June 22, 2017, and did not receive KRW 52,600,000 out of the wages. Of which, the wages with the highest repayment right are KRW 44,367,743. (2) On December 2, 2017, the Defendant acquired the right to loans from the National Bank of Korea (hereinafter “National Bank”) and the right to collateral security established under the Asset-Backed Securitization Act (hereinafter “the instant apartment”) against D from the National Bank of Korea (hereinafter “National Bank”) and the right to collateral security established under the Yangcheon-gu Seoul Metropolitan Government F apartment, 103,401 (hereinafter “the instant apartment”), and completed the notification of the transfer of claims.

B. Auction procedure 1 regarding the instant apartment was jointly owned by D and G as one-half shares, respectively. However, upon D’s obligee’s application, the procedure for compulsory auction of real estate among the instant apartment was initiated to Seoul Southern District Court C with respect to D shares on April 7, 2017 (hereinafter “prior auction case”).

(2) The lower court, upon having determined and publicly announced the completion period to demand a distribution in the preceding case on July 10, 2017, extended the completion period to demand a distribution on July 31, 2017 upon receiving an application for postponement of the completion period to demand a distribution from the Korea Labor Welfare Corporation on July 28, 2017.

3) As the mortgagee of the instant apartment, the National Bank applied for a voluntary auction on the entire apartment of the instant apartment to the said court, and on October 17, 2017, the real estate auction procedure was commenced on October 17, 2017 (hereinafter “afterward case”).

(4) On October 5, 2017, the lower court determined and publicly announced the completion period to demand a distribution of “the apartment of this case” on January 17, 2018, when making a decision to consolidate the preceding case in the latter case on October 19, 2017. (4) The Plaintiff did not demand a distribution in the preceding case, but submitted a report on the right to demand a distribution of 52,60,000 won in arrears as the priority wage creditor on January 5, 2017, which was prior to the completion period to demand a distribution in the latter case.

C. The preparation of a distribution schedule and the plaintiff's objection.

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