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

With the plaintiff's application for compulsory auction, the procedure for compulsory auction of real estate in this case was proceeded with in this court B.

On the date of distribution implemented on December 5, 2014, this Court prepared a distribution schedule that recognizes the defendant as lessee and distributes the amount of KRW 110 million to the plaintiff, who is the applicant creditor, in the order of 6th order.

On the date of distribution, the Plaintiff raised an objection to KRW 42,152,807 out of the amount of dividends against the Defendant.

[Reasons for Recognition] Unsatisfy, Gap 1, 4, Eul 1

2. Issues and judgments

A. The key issue of this case is that the Defendant’s actual payment of the lease deposit under the instant lease agreement is limited to KRW 99 million, and it is difficult to view that the remainder KRW 29 million was paid, and therefore, the Plaintiff asserts that the part of the instant lease agreement is invalid as a false declaration of conspiracy.

As to this, the defendant actually paid KRW 110 million as the lease deposit under the instant lease agreement, the plaintiff's assertion is unjust.

B. The burden of proof as to the grounds for objection to a distribution in a lawsuit of demurrer against distribution is in accordance with the principle of distribution of the burden of proof in general civil procedure. In the event that the plaintiff claims that the defendant's claims were not constituted, the defendant is liable to prove the facts of the cause of the claim, and where the plaintiff claims that the claims were invalid or extinguished due to false declaration of agreement, the plaintiff is

Supreme Court Decision 201No. 12. 7. 12.