The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Facts of recognition

A. The Plaintiff asserted that he/she was an employee in E operated by D, but did not receive 52 million won in total of his/her wages and retirement allowances, and filed an application for provisional attachment against FF factory site in Daegu-gun, Daegu-gun, Inc. and its ground building (hereinafter “instant real estate”). On May 16, 2018, the Plaintiff completed provisional attachment registration on the same day upon receipt of the order of provisional attachment as the Seoggu District Court Branch Branch 2018Kadan103 on the same day.

B. On May 29, 2018, the Plaintiff applied for a payment order for D’s totaling KRW 52 million of wages and retirement allowances to the Daegu District Court Branch Decision 2018 tea826, and received payment order on May 29, 2018. The said payment order was finalized on August 4, 2018 on the ground that D was served with the authentic copy of the payment order and did not raise any objection thereto.

C. Voluntary auction procedure as to the purport of the claim regarding the instant real estate was commenced on September 14, 2018.

In the above voluntary auction procedure, the Plaintiff did not demand a distribution before November 28, 2018, which is a final date for the demand for distribution, and submitted a claim statement for the wage and retirement allowance claims recognized in the above payment order as a person holding a provisional seizure on March 30, 2020.

On April 21, 2020, the execution court distributed dividends of KRW 598,829,231 to the Defendant, a successor to the applicant creditor (mortgage), who was the date of distribution, and prepared and presented a distribution schedule to the effect that the Plaintiff did not distribute to the Plaintiff. The Plaintiff raised an objection against the total of KRW 13 million among the dividends against the Defendant, which the Plaintiff claimed to have the right of preferential repayment, and filed the instant lawsuit on April 23, 2020.

【Facts without dispute over the grounds for recognition, entry of Gap evidence 1 through 3, significant facts in this court, and purport of the whole pleadings

2. Summary of the parties' arguments

A. Although Plaintiff’s employment from January 2017 to April 30, 2018, provided labor under E, the Plaintiff was not paid wages and retirement allowances at all, and 16 months’ retirement allowances and 9 million won’ wages for the last three months.