1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff’s claim and the registration of the establishment of a new mortgage 1) D Co., Ltd. (hereinafter “non-party company”).

(2) The Geumcheon-gu Seoul Metropolitan Government E building No. 605 (hereinafter “instant real estate”).

(2) On October 31, 2012, the Seoul Southern District Court completed the registration of creation of a mortgage over the maximum debt amount of KRW 564,000,000 on the ground of a contract establishing a mortgage on the same day as of October 31, 2012 by the Seoul Southern District Court registry No. 76779, the Plaintiff is the assignee of the said collateral security claim.

B. The Defendants’ wage claim 1) On March 16, 2015, Defendant A filed a lawsuit against the Nonparty Company as Seoul Southern District Court 2015Da31603, and received the Plaintiff’s winning judgment on September 9, 2015. (2) Defendant B filed a lawsuit against the Nonparty Company on May 13, 2015 against the Nonparty Company as Seoul Southern District Court 2015Da59182, and the decision of performance recommendation became final and conclusive on September 8, 2015.

C. 1) On December 2, 2014, upon the application of the National Bank of Korea, a creditor company, the progress of the auction procedure and the preparation of a distribution schedule: (a) the decision to commence the auction of real estate in the instant real estate was rendered to Seoul Southern District Court C on December 2, 2014; and (b) on December 4, 2014, the auction court determined and publicly announced the final date for the demand for distribution on February 2, 2015. (b) Meanwhile, the Plaintiff submitted a report to the creditor on the alteration to the auction court on January 8, 2015; and (c) the said report on the alteration delivered under Geumcheon-gu Building E 605, which was the domicile of the non-party company, was received by Defendant A on January

3) However, the service of the original copy of the decision on commencing the auction on the non-party company, which is the debtor, entered into force only on October 16, 2015 through service by public notice. On October 12, 2015, the execution court rendered a decision to postpone the completion period to demand a distribution on October 26, 2015, which extended the closing date to November 26, 2015. (4) The Defendants filed an application for a demand for a distribution on November 25, 2015 for the final three-month wage with each of the preferential rights to demand a distribution, which is the first priority wage creditor on the date of distribution on August 25, 2016.