The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. In the distribution procedure of Suwon District Court D D's auction of real estate, the above court prepared a distribution schedule with the following contents on the date of distribution open on April 22, 2020 and presented it to interested parties.

The amount to be distributed actually by the plaintiff shall be KRW 353,02,919 324,813,929 (4), 27,000,000 (the first priority tenant) of the defendant's dividend amount to be distributed (the first priority tenant)

B. On the date of the above distribution, the Plaintiff raised an objection to the total amount of the Defendant’s dividends among the instant distribution schedule, and filed the instant lawsuit on April 28, 2020.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 5, the purport of the whole pleadings

2. The Defendant’s real estate lease agreement dated July 23, 2018 by the Defendant’s assertion on the Plaintiff was concluded by a false agreement, and the Defendant is the most lessee. Of each of the instant dividend table, the amount of dividends to the Defendant should be revised to KRW 0,00, and accordingly, the amount of dividends of the Plaintiff should also be revised.

3. Determination

A. The burden of proof in a lawsuit of demurrer against distribution is in accordance with the principle of distribution of the burden of proof in general civil procedure. Therefore, in a case where the plaintiff asserts that the defendant's claim has not been constituted, the defendant is liable to prove the fact of the cause of the claim, and in a case where the plaintiff claims that the claim was invalid as a false declaration of conspiracy or extinguished as a result of repayment, the plaintiff

(See Supreme Court Decision 2005Da39617 Decided July 12, 2007). B.

The evidence presented by the plaintiff alone is insufficient to acknowledge the plaintiff's assertion, and there is no other evidence to acknowledge it.

Rather, according to the overall purport of evidence Nos. 1, 3, and 5 and arguments, the lease contract on F apartment G in Suwon-gu, Suwon-gu was made between the defendant and E. Accordingly, H, the spouse of the defendant in de facto marriage, was July 27, 2018.