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Reasons
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(영문) 수원지방법원 평택지원 2017.01.13 2016가단48254
배당이의
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1. On September 30, 2016, the Suwon District Court prepared the case of the voluntary auction of real estate A in Suwon District Court.

Reasons

1. Basic facts

A. On May 12, 201, the Industrial Bank of Korea completed the registration of the establishment of a mortgage (hereinafter “registration of the establishment of a mortgage of this case”) on land and buildings including 5690 square meters in Pyeongtaek-si B warehouse sites (hereinafter “each real estate of this case”).

B. Since then, the Plaintiff acquired the instant mortgage and its secured claim from the Industrial Bank of Korea, applied for a voluntary auction on each of the instant real estate to Suwon District Court A, and on May 22, 2015, there was a decision to commence auction from the said court.

(hereinafter “instant auction procedure”). C.

On July 22, 2015, the Defendant paid C KRW 5,604,910, KRW 18,000 to D, KRW 18,00,00, KRW 1200,00 to E, KRW 12,156,720 to F, and KRW 12,156,720 to G as a substitute payment for another person on July 22, 2015. After then, the Defendant paid KRW 68,761,630 to H on January 19, 206 (= KRW 5,604, KRW 18,000,000, KRW 12,000, KRW 12,000, KRW 16,720, KRW 300, KRW 361,6300).

At the instant auction procedure on July 30, 2015, D, E, and F, as wage creditors on July 30, 2015, demanded D 3,24,380 won, E, 4,752,780 won, and F 7,324,980 won, which were paid to D, E, and F, for the total substitute payment of KRW 48,00,000 in subrogation of the above workers.

On the other hand, the completion date of the instant auction procedure was August 17, 2015.

E. In the instant distribution procedure on September 30, 2016, the said court held that: (a) 65,761,630 won (the dividend rate of 100%); (b) 3,244,380 won (the dividend rate of 100%) among the wage creditors; (c) 7,324,980 won (the dividend rate of 100%) to F; (d) 4,752,780 won (the dividend rate of 100%) to E; and (e) 6,964,473,889 won (the dividend rate of 9.49%) to the Plaintiff in the first order; and (d) 3rd priority to the instant distribution procedure (the dividend rate of 9.49%).

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