1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 22, 2019, the Changwon District Court D, which held E Co., Ltd. (hereinafter “E”), commenced the auction procedure of real estate rent on the land, building, machinery, equipment, etc. located in the F in Kimhae-si.

(hereinafter “instant auction procedure”). B.

In the auction procedure of this case, the Defendant, as the designated parties to the obligees indicated in the attached claim details, demanded the distribution of the total of KRW 14,152,000 for the wage claims of the Defendant and the designated parties (hereinafter “Defendant, etc.”).

C. In the instant auction procedure, the Defendant et al. received full dividends of KRW 14,152,00 in the order of 1st, as a wage obligee, and the Plaintiff was paid dividends of KRW 1,814,978,567 out of the total sum of the principal and interest of claims as a collateral security obligee.

After having raised an objection to the total amount of dividends of the Defendant, the Plaintiff filed the instant lawsuit against the Defendant who is the appointed party.

[Ground of recognition] Facts without dispute, Gap 2, 4, 5, and 8; the purport of the whole pleadings

2. Where a wage creditor who has the gist of the plaintiff's assertion makes a demand for distribution based on a preferential right to payment, he/she shall append documents under paragraph (1) of the matters concerning the distribution of wage claims to the workers, which are the established rules and rules for the judgment.

However, the payment order, accompanied by the application for demand for distribution, submitted by the defendant, did not contain any content that is the wage claim with preferential right to payment, and did not comply with the court's order of correction to submit it.

Since the claims of the defendant, etc. who demanded a distribution cannot be considered to be the top priority repayment, the distribution schedule of the auction procedure in this case should be revised because the total amount of the dividends to the defendant is distributed to the plaintiff.

3. A creditor who has raised an objection to the entire amount written by him against the appointed party, including the part to be reverted to the appointed party, by filing a lawsuit of demurrer against distribution with the appointed party as the defendant.