1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. C completed the registration of ownership transfer on September 11, 2013 regarding the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On September 11, 2013, the Plaintiff established the right to collateral security of KRW 175,500,000 with respect to the instant real estate, and loaned KRW 135,00,000 to C.

C paid only interest by February 2014 to the Plaintiff, and later paid the loan obligation in arrears.

C. On February 12, 2014, the Defendant concluded a lease contract (hereinafter “instant lease contract”) with the term “28,000,000 won” and “from February 12, 2014 to May 12, 2016,” with respect to the instant real estate as agent D and the instant real estate.

On April 25, 2014, the Plaintiff filed an application for voluntary auction on the instant real estate, and rendered a decision of voluntary auction on April 28, 2014.

On June 26, 2015, the auction court prepared a distribution schedule with the content that distributes the amount of KRW 25,000,000 to the Defendant, a lessee of small claims, and KRW 140,742,15 to the Plaintiff, a mortgagee, respectively.

On July 1, 2015, the Plaintiff raised an objection to the entire amount of dividends to the Defendant on the date of distribution.

[Reasons for Recognition] Facts without dispute, Gap 1 through 5, 9, and Eul 1 (including paper numbers), the purport of the whole pleadings

2. The plaintiff asserts that the defendant is the most lessee who entered into a false lease agreement with a view to receiving a small amount of deposit with the highest priority repayment right in the auction procedure, and there is no right to receive dividends.

On the other hand, the defendant asserts that the lessee is a genuine lessee since he paid the lease deposit to the lessor and resided in the real estate of this case after the conclusion of the instant lease contract.

3. Determination

A. The burden of proof as to the grounds for objection against distribution in a lawsuit of demurrer against distribution is also the principle of distribution in general civil procedure.