logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원평택지원 2017.06.23 2017가단1092
배당이의
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. The summary of the cause of the Plaintiff (Appointed Party)’s claim is the wage obligee against Ethtopian Co., Ltd., and the Plaintiff (Appointed Party) demanded distribution based on the right to preferential reimbursement of wage claims in the auction of real estate rent as stated in the purport of the claim, but excluded from

The Plaintiff (Appointed Party) appeared on the date of distribution and raised an objection, and thereafter filed a lawsuit of demurrer against distribution of the instant case.

2. Even though a wage creditor having a preferential right under the former Labor Standards Act is the one having a preferential right, he/she may receive the preferential distribution only by the completion period of the demand for distribution in the voluntary auction procedure, and in exceptional cases, if the execution of provisional seizure was conducted prior to the registration of the first decision on commencing auction, he/she may receive the preferential distribution by proving that such provisional seizure claim is the one having a preferential right,

On May 11, 2015, the completion period to demand a distribution in the real estate auction case stated in the purport of the claim is no dispute between the parties, and there is no evidence to prove that the plaintiff (appointed party) made a demand for distribution by May 11, 2015, or executed a provisional seizure before the registration of the first decision to commence the auction.

3. The plaintiff (appointed party)'s claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

arrow