2. The plaintiff's claim against the defendant KimB and the remaining claims against the defendant's Republic of Korea are dismissed, respectively.

3. Of the costs of lawsuit, the part arising between the Plaintiff and the Defendant KimB shall be borne by the Plaintiff, and the part arising between the Plaintiff and the Defendant Korea shall be borne by

Cheong-gu Office

With respect to the case of auction for real estate rent (No. 57523) in Incheon District Court, among the dividend table prepared by the above court on June 28, 2013, the dividend amount to the defendant KimB and the dividend amount to the defendant Republic of Korea shall be corrected to each OO, and the dividend amount to the plaintiff shall be corrected to each OOO, and the dividend amount to the plaintiff shall be corrected to each OOO.

A. On November 19, 201, Defendant KimB entered into a lease agreement (hereinafter referred to as “instant lease agreement”) with the 00-4 Drown OO-dong 1120-4 Drown 401 (hereinafter referred to as “the instant officetel”) with the 00OOO, the term of the lease from December 4, 201 to December 3, 2012.

B. Defendant KimB paid each of the OOO on the day of the instant lease agreement to EE that entered into the instant lease agreement on behalf of 0CC, and the OOOO on December 3, 201, and paid all the lease deposits under the instant lease agreement.

C. Defendant KimB completed the move-in report to the instant officetel on December 5, 201, and received the fixed date on the instant lease contract, and resided in the instant officetel from around that time.

D. Meanwhile, with respect to the instant officetel at the time of the conclusion of the instant lease agreement, on November 16, 201, the registration of creation of the right to collateral security (hereinafter “the right to collateral security”) was completed on the date of receipt, which was the Plaintiff of the right to collateral security, the debtor, the 0CC, and the maximum amount of claims OOO, and there was no other registration of restriction.

E. After July 2012, the Plaintiff filed an application for the instant officetel auction (hereinafter referred to as the “instant auction”) with the Incheon District Court (2012TT) around 57523, based on the instant collateral security.

F. In the instant auction procedure, on June 28, 2013, the auction court prepared a distribution schedule with the content of distributing OOOO won to the defendant KimB of the small lessee in the first order among the OOB members who are to be actually distributed on the date of distribution on the date of distribution (hereinafter referred to as the “instant distribution schedule”) in order to the defendant of the seizure authority, the defendant of the Republic of Korea, in the third or fifth order, and in the fifth order, the distribution schedule with the content of distributing the OOO won to the plaintiff who is the mortgagee.

G. On the date of distribution of the instant auction procedure, the Plaintiff appeared on the date of distribution, and stated an objection to the entire dividend amount against Defendant KimB and the Republic of Korea, and thereafter filed a lawsuit for the instant dividend with the instant court on July 5, 2013.

[Ground for Recognition: Facts without dispute; Gap evidence 1-5; Eul evidence 1-5; Eul evidence 1-5 (including branch numbers, if any); the fact inquiry results of the head of the old monthly 3 Dong of this court; the purport of the whole pleadings]

2. Determination on the Plaintiff’s claim against Defendant KimB

A. The parties' assertion

The plaintiff asserts that defendant KimB is the most lessee, and the defendant KimB asserts that he is a legitimate small lessee.

B. Determination

(1) A creditor who has filed an objection to a distribution by asserting that the other party’s claim is the most advanced in a lawsuit of demurrer to a distribution bears the burden of proof as to such claim (see, e.g., Supreme Court Decision 97Da32178, Nov. 14, 1997).

D. In light of the following circumstances acknowledged by the evidence that Defendant KimB’s claim for the return of the lease deposit in this case was the most false, it is insufficient to recognize the following facts only based on the evidence Nos. 1-5 and the results of the order for the submission of financial transaction information to the head of the postal service information center of this court, and there is no other evidence to acknowledge

㈎ 이 사건 오피스텔을 비롯한 DD타운 전체에 관하여 분양사무소에서 실제 임대인을 대리한 대리인과 임차인 사이에 임대차계약이 체결되었는데, 피고 김BB도 그 중 한 명이다.

㈏ 피고 김BB은 임대인 백CC을 대리한 이EE과 사이에 이 사건 임대차계약을 체결 후 이EE에게 임대차보증금을 실제로 지급하였고, 피고 김BB이 위 임대차보증금을 되돌려 받았다는 정황 등은 밝혀진 바가 없다.

㈐ 원고는 피고 김BB이 임대차계약서에 기재된 임대인 백CC의 우체국 계좌로 임대차보증금을 입금하지 않았다는 점을 지적하고 있으나, 위 우체국 계좌는 2011. 11. 19. 개설되어 약 2달간 일시적으로 사용된 계좌로 실제 백CC이 사용한 계좌는 아니고, DD타운의 임대차보증금 수령을 위하여 임시로 개설된 계좌로 보인다.

㈑ 이 사건 임대차계약 당시 이 사건 오피스텔에는 이 사건 근저당권 이외에 별다른 제한등기가 없었고, 이 사건 경매절차는 이 사건 임대차계약 이후 8개월이 지난 시점에 개시되었다.

Then, the plaintiff's above assertion is without merit.

3. Determination on the Plaintiff’s claim against the Defendant Republic of Korea

A. The plaintiff's assertion

B. Determination

(1) The details and statutory date of the national tax claimed by the Defendant Republic of Korea in the instant auction procedure are as listed below.

See Table 5 see Court Decision 5

Councilly, the statutory date among national taxes is the sum of OOO (No. 1 + No. 4 + No. 5) prior to November 16, 201, on which the instant collateral security was established.

Secondly, the dividend amount of the defendant's Republic of Korea among the dividend table of this case must be corrected as the OOO, and the dividend amount of the plaintiff to the plaintiff as the OOOO.

4. Conclusion

Therefore, the plaintiff's claim against the defendant KimB is dismissed as without merit. The plaintiff's claim against the defendant KimB is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.