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

A. On September 15, 2015, the Defendant: (a) leased the E Apartment F (hereinafter “instant real estate”) from Nonparty D, the lease deposit amount of KRW 10 million; (b) up to September 30, 2017; (c) up to September 30, 2017; (d) paid KRW 500,000 per rent (hereinafter “instant lease agreement”); and (e) up to October 1, 2015, the Defendant paid KRW 10 million as the lease deposit to D.

B. G, a mortgagee of the instant real estate, filed an application for voluntary auction with the Suwon District Court (C). On May 11, 2018, the said court rendered a voluntary decision to commence the auction on the instant real estate.

C. In allocating the amount of KRW 241,749,024, which was actually distributed after deducting the execution cost on the date of distribution implemented on May 29, 2019, the said auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that: (a) the Defendant, the first-order lessee of small claims, who was a small-sum lessee, was the amount of KRW 9,00,000 (the remainder after deducting the delayed two months from the delayed one); (b) the transferee of G, a transferee of G, who was a mortgagee, was the mortgagee of a stock company, who was the right to collateral security (hereinafter “instant distribution schedule”).

The plaintiff appeared on the date of the above distribution and raised an objection against the amount of distribution to the defendant among the distribution schedule of this case.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 6, and 7's statements, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. As to the assertion that the Defendant is the most lessee, the main point of the argument is that the Defendant is in a special relationship with Nonparty D, and is merely the most lessee who intends to receive the distribution of the instant real estate after preparing a false lease contract. Even if the Defendant is a genuine lessee, the instant real estate was leased without compensation. Therefore, the distribution schedule should be revised to distribute dividends distributed to the Defendant to the Plaintiff. 2) As such, in a lawsuit of demurrer against distribution, the Plaintiff must assert the facts constituting the grounds for objection against distribution.