1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 29, 2008, the Industrial Bank of Korea established the right to collateral security (hereinafter “C”) with respect to D land and its ground (hereinafter “each of the instant real estate”) at the time of the Gu and the Si/Gu, to secure the claim against C Co., Ltd. (hereinafter “C”), KRW 3.6 billion with respect to the maximum debt amount.

B. On February 24, 2015, Defendant A, an employee of C, filed an application for fact-finding under Article 5 of the Enforcement Decree of the Wage Claim Guarantee Act with the Daegu Regional Employment and Labor Office of Korea, for “Dogsan, etc.” as to C, and received notification of fact-finding, including bankruptcy, around June 15, 2015.

Around that time, C employees claimed a substitute payment related to overdue wages, etc., and the Defendant Labor Welfare Corporation confirmed C employees’ overdue wages, etc. and substitute payment amounting to KRW 487,752,920 in total, as stated in the statement of calculation of substitute payment for overdue payments in attached Form 1 around June 23, 2015.

C. On May 22, 2015, the Industrial Bank of Korea transferred the right to collateral security and the secured claim regarding each of the instant real estate to the Plaintiff after the application for the voluntary auction (hereinafter “the instant voluntary auction”) with respect to each of the instant real estate.

On July 1, 2015, Defendant Korea Labor Welfare Corporation reported a right to substitute payment and applied for a demand for distribution with respect to substitute payment paid to C employees in the instant voluntary auction procedure.

C From July 2015, 40 persons appointed Defendant A as parties to the voluntary auction of this case, such as E who did not receive the total amount of overdue wages, etc. due to substitute payment among the employees, around July 2015, Defendant A selected Defendant A as parties to the voluntary auction of this case. Defendant A applied for the report of rights and demand for distribution regarding the overdue wages, etc. of the above 40 persons.

E. On March 23, 2016, on the date of distribution of the instant voluntary auction procedure, the distribution schedule with the following table was prepared. The Plaintiff raised an objection against the total amount of dividend distributed to the Defendant Labor Welfare Corporation of KRW 222,630,918 among the dividend distributed to the said distribution schedule, and against Defendant A of the said distribution schedule.

On the other hand, the defendant A.