A. On August 7, 2013, the Defendant completed the registration of the establishment of a neighboring mortgage amount of KRW 420,000,000 with respect to each of the real estates indicated in the separate sheet, owned by Young Tech Co., Ltd. (hereinafter “each of the instant real estates”).

B. D applied for a voluntary auction on each of the instant real estate to the District Court B on March 18, 2014, and rendered a voluntary decision to commence the auction on March 20, 2014. The Industrial Bank of Korea filed an application for a voluntary auction on each of the instant real estate with the District Court C on June 5, 2014, and rendered a voluntary decision to commence the auction on June 11, 2014.

C. From March 4, 2013 to March 31, 2014, at the instant auction procedure, the Plaintiff applied for a report on rights and a demand for distribution on the ground that: (a) the Plaintiff was not paid KRW 2.5 million wage for January 2, 2014; (b) 2.5 million wage for February 2, 2014; and (c) 7,708,333 won for retirement pay during the said service period; and (d) the Plaintiff filed an application for a report on rights and a demand for distribution on the grounds that the Plaintiff was not paid KRW 7,708,333,00.

On the date of distribution conducted on December 18, 2014, the auction court set up a distribution schedule (hereinafter “instant distribution schedule”) with the content that distributes dividends of KRW 114,440,827 out of the total debt amount of KRW 384,050,00, within the scope of the maximum debt amount, in the first order against the Plaintiff, by deeming the Plaintiff as a wage creditor, and distributing KRW 2,708,333 to the Plaintiff as a wage creditor. The Defendant, who is a mortgagee, was at the last six order with respect to the Defendant.

Accordingly, on the date of distribution, the Plaintiff raised an objection against KRW 5,00,000 among the amount distributed by the Defendant, and filed a lawsuit of demurrer against distribution on December 22, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 5, 8, 9-1 and 2, the purport of the whole pleadings

2. Reviewing the determination of the cause of the claim and the overall purport of the statements and arguments by evidence Nos. 3, 4, 6, and 7, the Plaintiff served as an employee of the Young Tech Co., Ltd. under the direction and supervision by E in substance from March 4, 2013 to March 31, 2014; and the Plaintiff’s wages for the last three months from Young Tech Co., Ltd.