2. Gwangju District Court B, C, D.

A. A. Around July 2013, the voluntary auction procedure (hereinafter “instant auction procedure”) began as the Gwangju District Court B, C, and D (combined) on the real estate owned by the E Agricultural Partnership Corporation (hereinafter “E”).

B. In the instant auction procedure on January 29, 2016, the Gwangju District Court prepared a distribution schedule (hereinafter referred to as “instant distribution schedule”) that distributes the amount of KRW 365,107,350 to the Defendant (hereinafter referred to as the “National Bank”), a transferee of the National Bank Co., Ltd. (hereinafter referred to as the “National Bank”), who is a transferee of the right to collateral security (hereinafter referred to as the “National Bank”), and the amount of KRW 373,140,577, the maximum debt amount of KRW 365,107,350,350, in the order of first priority to the wage obligee A on the date of distribution held on January 29, 2016 (hereinafter referred to as “instant distribution schedule”).

C. On January 29, 2016, the Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the dividend of KRW 63,969,129 among the dividend dividends against the Defendant, and filed the instant lawsuit on February 4, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, 7, 10 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence 4 and 5, and the purport of the whole pleadings

2. On December 2, 2015, prior to the preparation and transfer of the instant distribution schedule, the Defendant received dividends in total of KRW 1,392,545,846 as the transferee of a national bank, which is a mortgagee, in the procedure of voluntary auction and auction by the Gwangju District Court G and H (Joint) for other real estate owned by E.

The Defendant’s claim partially extinguished according to the above dividends, and the amount of the Defendant’s claim remaining at the time of the preparation of the instant distribution schedule does not exceed KRW 365,107,350, and thus, the instant distribution schedule should be revised as stated in the purport of the claim.

3. Determination

(a)In accordance with the facts without dispute, Gap evidence 2 to 4, 8, 10, Eul evidence 5 and 6, and the purport of the whole pleadings, the following facts are recognized:

1) On October 2013, Gwangju District Court G and H (a consolidation) for other real estate owned by E.