1. The plaintiff's claim is dismissed.

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

The plaintiff asserts that the auction court recognized the defendant as the tenant of small amount and distributed 14,000,000 won to the defendant, but because the defendant was the most lessee who entered into a lease contract with falsity or leased for the purpose of taking unfair profits by abusing the Housing Lease Protection Act, the amount of dividends against the defendant in the distribution schedule of this case should be deleted.

In a lawsuit of demurrer against distribution, the burden of proof as to the grounds for objection 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 facts of the cause of the claim, and where the plaintiff claims that the claim has become null and void as a false declaration

(See Supreme Court Decision 2005Da39617 Decided July 12, 2007). In this case, according to the statement of evidence No. 1 through No. 7, the Plaintiff lacks the lessor’s financial ability at the time of entering into a lease agreement, and the time when the lease agreement was entered into, the amount of water supply and sewerage systems used was low, and the Defendant changed the place of service after the delivery to the Defendant was not made due to the absence of a closed door. However, it is insufficient to recognize that such circumstance alone constitutes the case where the Defendant is the most lessee or the lessee was leased for the purpose of taking unfair profits by abusing the Housing Lease Protection Act, and there is no other evidence to support this, the Plaintiff’s assertion is without merit.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.