1. Revocation of a judgment of the first instance;

2. The defendant shall pay KRW 9,258,034 to the plaintiff.

3. All costs of the lawsuit are assessed against the defendant.

1. Basic facts

A. On June 27, 2012, Sejong Steel Co., Ltd. was declared bankrupt by the Incheon District Court (Seoul District Court 2012Hahap6), and the Plaintiff was appointed as a trustee in bankruptcy.

B. From May 14, 2013 in the Incheon District Court C real estate auction procedure (hereinafter “instant auction procedure”), which was commenced in relation to 171-11, 601, and 602, Bupyeong-gu, Seoyang Steel Co., Ltd. (hereinafter “Syang Steel Co., Ltd.”), the Defendant, the priority wage obligee, received dividends of KRW 9,258,034 in the order of priority, and the mortgagee received dividends of KRW 297,701,355 in the order of three priority.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination on the cause of a claim: ① Bankruptcy procedure is a comprehensive compulsory execution procedure against the bankrupt; ② at the same time with the declaration of bankruptcy, the whole property of the bankrupt is composed of the bankruptcy estate and the bankruptcy trustee exercises the right to transfer concerning the management, realization, distribution, etc. of the bankruptcy estate (Article 349 of the Debtor Rehabilitation and Bankruptcy Act; hereinafter the same shall apply); ② Recovery of the object of the right to separation (Article 492 subparagraph 14 of the Act, the bankruptcy trustee terminates the right to foreclose outside bankruptcy by repaying the secured claim and extinguishing the right to separation), realization of the object of the right to separation (Article 492 subparagraph 14 of the Act) (Article 497) of the right to foreclose outside bankruptcy (Article 497 shall apply to filing an application for auction of the real estate which is the object of the right to separation and returning the balance after deducting the secured claim of the right to separation from the proceeds of sale after deducting the secured claim of the right to separation from the right to separation and bankruptcy to the bankruptcy estate; ③ With respect to the right to separation under the Act on the debtor rehabilitation.