1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. In order to secure the claim against C Co., Ltd. (hereinafter “Nonindicted Company”), the Industrial Bank of Korea completed the registration of the establishment of a mortgage over KRW 1 billion with respect to the land and buildings located D (hereinafter “the instant real estate”) in Sungsung-si, on August 4, 2011.

B. On October 15, 2012, the Industrial Bank of Korea applied for a voluntary auction of the instant real estate based on the foregoing right to collateral security, and rendered a decision to commence auction to Suwon District Court B on October 16, 2012.

C. The Plaintiff acquired bonds and collateral security from the Industrial Bank of Korea to participate in the above auction procedure.

Upon the sale of the instant real estate in the above auction procedure, the court of execution prepared a distribution schedule to the Defendant, who is the first priority wage obligee, with the amount to be distributed on December 16, 2014, KRW 552,967,226, and KRW 17,782,550 (i.e., retirement allowance of KRW 9,782,550 for the last three months from March 11, 2012 to June 10, 2012), and the second priority of the issuance of KRW 678,390, and KRW 678,220,880, and KRW 510,285,406 to the Plaintiff, who is the applicant obligee, with the second priority of KRW 4.

E. On December 16, 2014, the Plaintiff raised an objection against the Defendant’s dividend on the date of distribution, and filed a lawsuit of demurrer against distribution on December 23, 2014.

[Ground of recognition] A without dispute, entry of Gap evidence 1 to 6 (including each number), the purport of the whole pleadings

2. In light of the Defendant’s monthly income reported to the National Health Insurance Corporation (hereinafter “National Health Insurance Corporation”) is KRW 1,777,776, and the Defendant’s monthly average amount of money deposited in the name of salary is KRW 1.5 million, the Defendant’s monthly income is deemed to be equivalent to KRW 1.77,00,000 and KRW 1,50,000 after the tax year. Accordingly, the Defendant’s monthly income was calculated excessively without any objective evidence, and the Defendant’s monthly income and retirement allowances based thereon were calculated excessively.