1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On September 14, 2018, the Plaintiff filed a lawsuit against E on the claim for wage (Lan Government District Court 2018da107589), and the said lawsuit was proceeded by public notice, and on September 14, 2018, the judgment of “E shall pay the Plaintiff the unpaid wages of KRW 54,148,898, and its delay damages,” which became final and conclusive around that time.

B. The Defendant, a creditor of E, applied for the commencement of a voluntary auction on the real estate owned by E to the Government District Court C, and the Plaintiff, as a wage creditor, participated in the dividend in the said auction case.

C. The District Court, on February 18, 2019, determined the amount to be actually distributed as KRW 743,759,068, and drafted a distribution schedule stating that KRW 17,803,347 among which the amount to be actually distributed is KRW 14,836,956 to the wage obligee H, and KRW 13,222,914 to the wage obligee J, 13,542,882 to the wage obligee J, and KRW 4,541,321 to the wage obligee D, respectively, and KRW 679,810,648 to the wage obligee K in the second order to the Defendant who is the applicant obligee (hereinafter “instant distribution schedule”).

On February 18, 2019, the Plaintiff appeared on the date of distribution, and raised an objection against KRW 15,98,088 out of the Defendant’s dividend amount, and filed the instant lawsuit on February 19, 2019.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserted that he worked as an employee in G G, which was operated by E, but did not receive the wages and retirement allowances.

Therefore, the Plaintiff, as a wage creditor of E, prepared the instant distribution schedule without receiving any dividends, within the scope of KRW 15,988,088, including the total amount of KRW 12,000 and retirement allowances of KRW 3,988,08,08, which correspond to the wages of the last three months.

Therefore, 679,810,648 won out of the dividend table of this case against the defendant is 663,82,560 won, and the dividend amount against the plaintiff is 15,000 won.