1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 8, 2015, the Defendant was issued a provisional attachment order (hereinafter “instant provisional attachment order”) with the obligor Bosung Comprehensive Construction Co., Ltd. (hereinafter “Nonindicted Company”), third obligor Incheon Metropolitan City, 3 obligor’s right to claim wages, claim amounting to KRW 25,50,000,000, which is the construction cost claim for the Incheon Silsan Elementary School under provisional attachment order (hereinafter “instant provisional attachment order”).

Although the defendant claimed retirement pay and other expenses as the preserved right in addition to the original benefit of KRW 25.5 million, the defendant was dismissed due to lack of vindication.

B. On January 5, 2012, the Defendant filed an application for payment order against Nonparty Company with the Incheon District Court 2014 tea12151, and on January 5, 2012, the Defendant received the payment order from the above court that “the Nonparty Company would pay the Defendant the amount of KRW 25.5 million, retirement pay of KRW 16,02,400, other expenses, plus KRW 1,242,450, other expenses, and delay damages of KRW 42,74,850, and the payment order was finalized on January 27, 2015.

C. On February 10, 2015, the Defendant received a provisional seizure and a collection order to transfer the provisional seizure of KRW 25,500,000,00 from among the above construction price claims against the non-party company to Incheon Metropolitan City by the provisional seizure order of this case, and the remainder of KRW 18,160,374, the provisional seizure was transferred to the provisional seizure.

In the case of the distribution procedure for the money deposited in the name of the non-party company by Incheon Metropolitan City, the court of execution distributed KRW 41,502,400 to the defendant who received the collection order as a wage creditor on July 30, 2015, and distributed KRW 75,027 to the plaintiff who was the collection right holder and KRW 11,017 to the defendant, who was the collection right holder.

E. Accordingly, on the aforementioned date of distribution, the Plaintiff raised an objection to the total amount of dividends to the Defendant, and thereafter filed the instant lawsuit on August 6, 2015, within one week thereafter.

[Reasons for Recognition]