1. The plaintiff's claim is dismissed.

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

1. The following facts are acknowledged as either of the parties to a dispute or as a whole by taking account of the overall purport of the pleadings in each entry in Gap evidence 1 and 2:

A. On July 17, 2014, the Plaintiff, a creditor against C, filed an application for a compulsory auction with respect to D 1,726§³ (hereinafter “instant real estate”) owned by C. Accordingly, on July 17, 2014, the procedure for compulsory auction with respect to the instant real estate was commenced.

B. On the other hand, on June 30, 2014, C had completed the registration of establishment of a collateral security right as to the instant real estate in the future of E, the maximum debt amount of KRW 48 million, the debtor C, and the mortgagee E, and on July 25, 2014, on the instant real estate in the future of the Defendant, the registration of establishment of the said collateral security right was completed on the grounds of the transfer of the confirmed claim on July 24, 2014.

C. On February 10, 2015, the auction court distributed KRW 36,703,283 to the Defendant in the order of 3rd of the amount to be actually distributed, excluding the cost of execution on the date of distribution, 5,321,981, which is the date of distribution, and prepared a distribution schedule with the content that does not distribute to the Plaintiff (hereinafter “instant distribution schedule”).

On February 13, 2015, the Plaintiff appeared on the aforementioned date of distribution, and raised an objection to the full amount of the distribution to the Defendant, and thereafter filed the instant lawsuit on February 13, 2015.

2. The burden of proving the grounds for objection against distribution in a lawsuit of demurrer against distribution is also in accordance with the principle of allocation of burden of proof in general civil procedure. In the event that the plaintiff claims 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 or disappeared by means of false declaration of agreement or repayment,

(see, e.g., Supreme Court Decision 2005Da39617, Jul. 12, 2007). The Plaintiff’s act of establishing a right to collateral security between C and E and the transfer of claim between E and the Defendant.