1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 12, 2013, the Seoul Northern District Court B opened the real estate auction procedure with respect to the fourth ground-based neighborhood living facilities building (hereinafter “instant building”) owned by C, on April 12, 2013, upon the application of the National Federation of Fisheries Cooperatives, which is a mortgagee.

B. Meanwhile, the Plaintiff received KRW 2,50,000 per month’s wage and KRW 4,00 per year’s 4,00,000 per annum from Cne abroad operated by C. The Plaintiff served from April 1, 2006 to May 31, 2013, and went back on June 1, 2013. From C, the Plaintiff was not paid KRW 29,480,510 for each of the wages of September 2, 2013, monthly wage of KRW 1,80,000, monthly wage of KRW 2,000,000 for the two months, and monthly wage of KRW 19,80,510 for the total of KRW 19,80,510 for the retirement pay and delayed damages in the process of voluntary auction on June 3, 2013.

C. On July 17, 2014, on the date of distribution of the said voluntary auction procedure, the court of execution prepared a distribution schedule to distribute each of the amount of KRW 2,490,857,439, and the amount of KRW 12,067,415, and the amount of KRW 39,000,000 to the new bank, a senior mortgagee, a new bank, a senior mortgagee, and KRW 39,00 and KRW 2,439,790,024 to the Defendant, a transferee of the National Federation of Fisheries Cooperatives.

The Plaintiff appeared on the date of distribution, and raised an objection against “2,270,584 won,” among the amount distributed to the Defendant, and filed a lawsuit of demurrer against distribution on July 22, 2014, which was within one week thereafter.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 5, 6, 7, Eul evidence No. 1, the purport of the whole pleadings

2. The party's assertion and judgment

A. The Plaintiff’s assertion refers to the wages of the last three months for which the right to preferential payment is recognized pursuant to Article 38(2)1 of the Labor Standards Act, regardless of the time of retirement, which have not been paid by the employer for the last three months.