1. The plaintiff's claim is dismissed.

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

1. Facts recognized;

A. On July 6, 2011, the Plaintiff was granted the right to collateral security (hereinafter “instant right to collateral security”) (hereinafter “instant building”) with a maximum debt amounting to KRW 64 million against the Nam-gu, Incheon (hereinafter “instant building”), which was owned by C as a collateral, by granting a loan to C, and owned by C.

B. On July 14, 2011, the Defendant entered into a lease contract with C as to the instant building with a deposit of KRW 15 million and the period from July 18, 201 to July 17, 2013 (hereinafter “instant lease contract”), and completed the move-in report on August 3, 201.

C. On July 3, 2013, the Plaintiff filed an application for voluntary auction with the Incheon District Court B based on the instant right to collateral security, and the auction procedure for the instant building commenced on July 3, 2013.

In the above auction procedure, the Defendant reported the right to claim the return of deposit under the instant lease agreement and made a demand for distribution. On December 31, 2014, the auction court prepared a distribution schedule stating that the Defendant, who is the lessee of small claims, distributes each of KRW 10,465,779 to the Defendant, who is the mortgagee of small claims, and KRW 10,440,420 to the Plaintiff, the mortgagee of small claims, respectively (hereinafter “instant distribution schedule”).

E. The Plaintiff appeared on the date of the above distribution and raised an objection against the full amount of the distribution to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4 through 6, Eul evidence 2 and 5, the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s assertion that the instant lease agreement is invalid as a false declaration of conspiracy, the instant dividend table should be corrected to delete the dividend amount to the Defendant and distribute the dividend amount to the Plaintiff.

B. The Defendant’s assertion is the genuine lessee who entered into the instant lease agreement and actually resided after paying the deposit.

3. Determination

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