1. The plaintiff's claims against the defendants are all dismissed.

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

1. Basic facts

A. On February 28, 2013, the Daejeon District Court C voluntarily auction procedure (hereinafter “instant auction procedure”) was commenced on February 28, 2013 at the request of the Industrial Bank of Korea (hereinafter “instant real estate”) with respect to each parcel of land and building located in Chungcheongnam-gun D and E (hereinafter “instant real estate”) owned by the non-short-term Agricultural Corporation Co., Ltd. (hereinafter “Non-Party Company”).

B. In the instant auction procedure, the Defendants asserted that they were not paid wages and retirement allowances for the last three months as wage creditors working in the non-party company, and filed an application for demand for distribution.

C. On the date of distribution established on May 6, 2015, the auction court: (a) recognized the Defendants as the wage creditors having the top priority repayment right; and (b) drafted a distribution schedule to distribute the amount of KRW 7,166,66 and KRW 8,068,288 to Defendant A, who acquired the rights of the Industrial Bank of Korea after the commencement of the auction procedure in this case, to the Plaintiff who acquired the rights of the Industrial Bank of Korea (hereinafter “instant distribution schedule”). D.

On May 6, 2015, the Plaintiff raised an objection to each dividend amount against the Defendants on the date of distribution, and thereafter filed the instant lawsuit on May 13, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, the purport of the whole pleadings

2. Whether the Defendants are wages creditors who worked for the non-party company

A. In order to clarify the qualification to demand a distribution in the auction procedure of the Plaintiff’s assertion, Defendant A submitted the confirmation source of the amount in arrears, ② the real estate provisional attachment decision, ③ the decision of execution recommendation. According to the Supreme Court Decision No. 1120 of the Supreme Court Decision No. 1120 of the Labor Standards Act, “the matters of interest in the distribution of wage claims of workers” under Article 1120 of the Supreme Court Decision No. 1120 of the Labor Standards Act, an employee shall demand a distribution with the executing court based on the right to preferential payment of wage claims and retirement allowance claims under Article 11 of the Act on the Guarantee of Workers’ Retirement Benefits.