A. Solomon Savings Bank (the Defendant was declared bankrupt on April 30, 2013, and was appointed as the trustee in bankruptcy; hereinafter “Defendant” is not divided between the Defendant and the Solomon Savings Bank, and the Defendant, but only hereinafter “Defendant”) granted a loan to Samro M&C Co., Ltd. (hereinafter “Seoul M&C”), and obtained a registration of the establishment of the establishment of each maximum debt amount of KRW 19.5 billion with respect to the building with the size of B, 446 square meters and above ground and the size of C, 793 square meters (hereinafter “instant real property”) owned by Samro M&C as security.

B. C&C filed an application for commencing rehabilitation procedures with the Seoul Central District Court 2012 Gohap258, and the rehabilitation procedure commenced on January 18, 2013. On July 23, 2013, the Defendant became a rehabilitation secured creditor pursuant to the main sentence of Article 141(1) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).

C. C. C&M was decided to terminate the rehabilitation procedure on December 13, 2013, and the Defendant did not repay the Defendant’s claim in accordance with the above rehabilitation plan. As C&M did not repay the Defendant’s claim, the Defendant filed an application for the auction of the real estate rent to Jyang-Support A with the High Government District Court on the instant real estate and received a decision to commence the auction.

From March 22, 2013 to January 27, 2014, the Plaintiff paid KRW 1,317,482,860, which is a part of the final three-month wage and the retirement pay for the final three-year retirement pay to 191 workers, including Samri-M, D, etc., and subsequently, filed a report on the right to claim wages and a demand for distribution on December 8, 2014, which is the completion period for demanding distribution in the auction procedure of the real estate.

E. In the instant real estate auction case, the distribution schedule was prepared to distribute the entire amount of KRW 205,458,609, which is the date of distribution, to the Defendant on June 26, 2015, and the Plaintiff raised an objection to the entire amount of distribution to the Defendant on the said date of distribution, and filed the instant lawsuit on July 1, 2015.

【Legal basis for recognition】