If the proceeds from the sale of the attached property has been distributed to the junior creditor, it is necessary to request the junior creditor to return the unjust enrichment.

Where a wage creditor is the first priority, he/she shall prepare a distribution statement ex officio, even if there is no demand from a wage creditor to distribute, and if the distribution is distributed to a junior creditor because he/she did not distribute it, the wage creditor shall claim the return of unjust enrichment

The contents of the decision shall be the same as attached.

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The judgment of the first instance shall be revoked. The defendant shall pay to the plaintiff 7,800,000 won with 5% per annum from the day following the date of service of a copy of the complaint of this case until the date of judgment of the first instance, and 20% per annum from the next day to the day of full payment.

1. Basic facts

The following facts shall not be disputed between the parties, or may be acknowledged in the entries in Gap evidence 1 through 4, and Eul evidence 5 by integrating the whole purport of the pleadings:

A. On May 15, 2007, 2007, ○○○○○○○ (hereinafter “instant company”) reported the closure of business due to business depression, and upon the instant company’s application by the number of employees Kim○, the company was recognized by the Seoul Regional Labor Agency on May 29, 2008 as bankruptcy, etc.

B. On May 23, 2008, the Korea Asset Management Corporation sold 9,782,810 won out of the proceeds of the public auction (hereinafter referred to as "the proceeds of the public auction in this case") by public auction of the real estate owned by the Defendant on the grounds of default of national taxes equivalent to KRW 1,513,235,90 on May 23, 2008, and distributed 9,782,81,60 won out of the proceeds of the public auction (hereinafter referred to as "the proceeds of the public auction in this case"), 10,000 won, 16,000 won to the lessee ○-jin, ○, ○○, 715,830 won to the lessee ○, ○○, 180,504,290 won to the creditor ○○ Savings Savings Co., Ltd., the creditor 15,600 won to the creditor ○○ Savings Co., Ltd.

C. Meanwhile, under Articles 7 and 23 of the Wage Claim Guarantee Act, the Plaintiff is entrusted by the Minister of Labor to pay part of the unpaid wages and retirement allowances under the Labor Standards Act on behalf of the employer. On July 22, 2008, on behalf of the instant company, the Plaintiff paid 7,800,000 won in total for the last three months out of the overdue wages to Kim ○-soo.

2. The assertion and judgment

The plaintiff asserts that since the plaintiff's claim amounting to KRW 7,800,000 against the company of this case by subrogation of Kim Il-soo is priority over the defendant's national tax claim, the defendant is obligated to return KRW 7,80,000 out of the amount distributed from the public auction price of this case to the plaintiff as unjust enrichment.

On the other hand, Article 7 of the Wage Claim Guarantee Act provides that when the employer has paid the overdue wage on behalf of the employer, the employer shall subrogate the employer's right to claim the unpaid wage, etc. to the extent of the amount paid, and in such a case, the right to preferential payment of wages under Article 37 (2) of the Labor Standards Act shall continue to exist as subrogated. If the wage claim which takes precedence over the national tax or additional dues is included in the subject of distribution of the sale price of attached property under the National Tax Collection Act pursuant to Article 35 (1) 5 of the Framework Act on National Taxes, the agency in charge of disposition on default shall prepare a distribution statement by ex officio determination of the amount to be distributed to the wage creditor even if the wage creditor does not request the distribution of the amount to be distributed until the sale price of attached property is distributed in the liquidation procedure, if the wage creditor fails to request the distribution of the amount to be distributed to the junior creditor, the wage creditor may claim the return of unjust enrichment against the junior creditor (see, e.g., Supreme Court Decision 2005Da2793

The plaintiff can exercise the right to claim wages in arrears equivalent to KRW 7,800,000 against the company of this case by paying the 7,800,000 won in arrears on behalf of the company of this case. The plaintiff can exercise the right to claim wages in arrears against the company of this case. The plaintiff's claim takes precedence over the defendant's national tax claim. The plaintiff may claim the return of unjust enrichment against the subordinate right holder who was allocated the amount equivalent to the amount that the plaintiff could have received if he had paid the claim for the distribution of the amount of the public auction of this case. However, even if 7,80,000 won out of the public auction of this case was preferentially distributed to the defendant, the shares of ○○ Savings Bank of this case, which was distributed to the defendant's subordinate to the defendant, are reduced in the above amount, and there is no difference in the amount that the defendant can receive from the public auction of this case. Thus, the defendant acquired 7,800,000 won out of the shares without any legal cause, or the plaintiff's claim is without merit.

3. Conclusion

Therefore, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.