1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

1. Basic facts

A. F-owned G Apartment 105 Dong 1803, Seoul, Nowon-gu, Seoul, the Seoul Northern District Court B(C) (hereinafter “instant auction procedure”) started with the auction procedure for real estate (hereinafter “instant auction procedure”).

B. The Plaintiff (Appointed Party), the Appointed Party D, and E asserted that F was an employee of H (hereinafter “Nonindicted Company”) who was the representative director, and filed a demand for distribution as to each of the overdue wages 10.5 million won from August 2012 to October 2012, 2012, which was not paid by the Nonparty Company.

C. On August 19, 2014, a court of execution prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes the amount of KRW 663,660 out of KRW 369,354,423, which is to be actually distributed on the date of distribution, to the head of Nowon-gu in Seoul Special Metropolitan City, the holder of the right to deliver, as the first priority, the remainder of KRW 368,690,763, which is to be distributed to the Defendant who is the assignee of the new bank, a senior mortgagee of the first priority.

The Plaintiff (Appointed Party) and the Appointed D, and E are present on the aforementioned date of distribution, and raise an objection against each of the Defendant’s dividend amounts of KRW 10,50,000,000, and they filed the instant lawsuit on August 22, 2014, which is seven days thereafter.

[Ground of recognition] Facts without dispute, Gap evidence 6 to 8, Eul evidence 1, the purport of the whole pleadings

2. Determination as to the plaintiff (appointed party)'s assertion

A. The gist of the Plaintiff (Appointed Party)’s assertion is that the Plaintiff (Appointed Party) and the Appointed Party D, and E receive KRW 3.5 million monthly wage from April 1, 2012 to October 31, 2012 from the non-party company run by F, and worked for the non-party company in charge of business and delivery, and receive KRW 10.5 million each of the wages for the last three months from August 1, 2012 to October 2012, and thus, the court of execution excluded both the Plaintiff (Appointed Party) and the Appointed Party D, and E from dividends. Thus, the instant distribution schedule should be revised as stated in the purport of the claim.

B. Determination A.