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

A. The Plaintiff’s right relationship with real estate 1) From March 9, 2006, the Plaintiff is 324 square meters of forest land D (hereinafter “instant real estate”).

2) On March 18, 2010, the provisional registration of the right to claim partial transfer of ownership was completed on March 17, 2010 under E’s name with respect to the share 59/383 of the instant real estate.

3) In addition, on March 17, 2011, the provisional registration of the right to claim ownership transfer was completed on the same day under the name of the Defendant for the entire real estate in the instant case. (b) On October 6, 2015, the procedure of voluntary auction was initiated with Seosan Branch C on October 6, 2015 upon the application of the original Saemaul Community Depository, the mortgagee of the instant real estate, and on the date of distribution implemented on June 15, 2016, KRW 80,740,472 was distributed to the Defendant, the person having the right to make a provisional registration.

2) On the aforementioned date of distribution, the Plaintiff stated an objection against the amount of distribution to the Defendant, and filed the instant lawsuit on June 22, 2016, which was within one week thereafter. [The Plaintiff did not dispute over the grounds for recognition, the entries in Gap’s evidence Nos. 1, 2, and 3, and the purport of the entire pleadings.]

2. Determination as to the cause of action

A. Plaintiff E’s assertion 1) If the provisional registration is completed against the Defendant, the provisional registration was completed as soon as it would be concluded with the Plaintiff, and thus, the provisional registration was completed for the Defendant. This is because Defendant, E, and F, etc. deceptioned the Plaintiff and made a provisional registration without any cause, the Defendant does not have the right to receive dividends in the auction procedure. 2) Defendant prepared a loan agreement with the Plaintiff as the debtor on March 17, 201, and lent the amount of KRW 80 million to F, and the provisional registration on the instant real estate was completed to secure the loan claim, and thus, the Defendant received dividends based on the genuine claim.

B. In a lawsuit of demurrer against distribution, the burden of proof as to the grounds for objection against distribution is in accordance with the principle of distribution of the burden of proof in general civil procedure, and thus the Plaintiff did not establish the Defendant’