A. On July 21, 2008, the Plaintiff loaned KRW 92 million to C, and completed the registration of the establishment of a mortgage over the instant real estate owned by C (No. 2, 302, Incheon Bupyeong-gu, Seoul) with respect to the instant real estate owned by C (No. 2, 302, the maximum debt amount of KRW 110,40 million.

B. The Plaintiff filed an application for a voluntary auction of real estate rent with the Incheon District Court B regarding the instant real estate as the Plaintiff was unable to recover the claim for the said leased premium from C, and the said court commenced the voluntary auction procedure (hereinafter “instant auction procedure”) on November 15, 2013 upon the said application.

C. On August 23, 2013, the Defendant concluded a lease contract with C by setting the lease deposit amount of KRW 25 million at the executing court (hereinafter “instant lease contract”) and concluded a move-in report on September 30, 2013, and filed a move-in report, thereby filing a report on rights and a demand for distribution with C. The Defendant filed a report on rights and demand for distribution with C as a small lessee under Article 8 of the Housing Lease Protection Act.

On June 25, 2014, the above execution court opened a distribution date, and determined the defendant as a lessee of small claims prescribed in the Housing Lease Protection Act, and prepared a distribution schedule to distribute the amount of KRW 16 million to the defendant, who is the applicant creditor, and the plaintiff as the applicant creditor, respectively. The plaintiff stated an objection against the whole amount of dividends to the defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, 4-8, Eul evidence 1, 6-8, and the purport of the whole pleadings

2. Determination

A. The burden of proving the grounds for objection against distribution in a lawsuit of demurrer against distribution 1 is also in accordance with the principle of distribution of the burden of proof in general civil procedure. In the event that the plaintiff asserts that the defendant's claim has not been constituted, the defendant is liable to prove the facts of the cause of the claim, and where the plaintiff asserts that the claim is null and void as a false declaration of agreement or extinguished by repayment,