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(영문) 대전지방법원홍성지원 2015.10.29 2014가합1826
배당이의
Text

1. The plaintiff's claim against the conjunctive defendant L is dismissed.

2. The plaintiff's claim against the defendants is dismissed.

3.

Reasons

1. Basic facts

A. On June 7, 2011, the new bank, as a creditor of the right to collateral security against the Sejong Heavy Industries Co., Ltd. (hereinafter “Sco Heavy Industries”), filed an application for a discretionary auction of real estate on the land (hereinafter “instant auction land”) other than Seocheon-gun, Chungcheongnam-do, Chungcheongnam-do, the collateral object of the foregoing collateral security claim, and on June 7, 201, filed an application for a discretionary auction of real estate on the land (hereinafter “instant auction land”) and on June 8, 201.

B. On June 10, 2011, the Plaintiff acquired the above-mortgage-mortgage-backed claims from the new bank, and notified the transfer of claims to the Sco Heavy Industries at that time.

C. Meanwhile, in the distribution procedure for the instant auction land (hereinafter “instant distribution procedure”), the Defendants made a demand for distribution as a wage creditor for the Sco Heavy Industries. Of the amount to be actually distributed on October 29, 2014 in the said distribution procedure, the amount of KRW 7,411,607,358, the Defendant L, who is the designated party of the Defendants, was the first wage creditor and KRW 143,00,000 (the actual dividend amount by the Defendant is the amount indicated on the dividend amount by each of the Defendant’s dividends amount), and the distribution schedule was prepared in order of 45,920,482, and 4666 won each of the dividends (hereinafter “instant distribution schedule”).

The Plaintiff appeared on the date of the above distribution, and raised an objection against the total amount of distribution against Defendant L, the designated party of the Defendants.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The plaintiff's claim against the conjunctive defendant L is claimed against the conjunctive defendant in preparation for the case where the claim against the defendants against the conjunctive defendant L is not accepted, which can be allowed only when the claim against the defendants and the conjunctive defendant L are legally incompatible. Thus, the plaintiff's claim against the defendants and the conjunctive defendant L are allowed.

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