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

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

Where a wage creditor who has preferential right to payment under the Labor Standards Act provisionally attached real estate for the purpose of auction before the commencement of an auction procedure, he/she may receive the preferential dividend by proving that the claim is a wage claim with preferential right to payment of the provisional seizure before the

(See Supreme Court Decision 2002Da52312 Decided July 22, 2004). The Plaintiff (Appointed Party) and the designated parties, as wage creditors with preferential right to payment under the Labor Standards Act against innovative Engineering Co., Ltd., ordered provisional seizure of the real estate of the non-party company, and thus, the Defendant received dividends in preference to the Defendant, without any legal ground, during the auction procedure against the real estate, and sought restitution of unjust enrichment against the Defendant, as stated in the purport of the claim.

However, there is no evidence to prove that the plaintiff (appointed party) and the appointed party are the wage claims with preferential payment right before the distribution schedule becomes final and conclusive in the above auction procedure. Thus, it cannot be said that there is no legal ground for the amount distributed by the defendant.

The plaintiff (appointed party)'s claim is dismissed on the grounds that it is without merit.