1. Of the distribution schedule prepared on March 20, 2014 by the said court with respect to the auction of the real estate B in Incheon District Court.

1. Basic facts

A. On November 1, 2011, the Plaintiff loaned KRW 128 million to C, and completed the registration of creation of a mortgage over KRW 160,000,000,000,000 to C. As to the instant real estate that C purchased with the loan and acquired the ownership of the same day (No. 302, in Bupyeong-gu, Incheon).

B. As the Plaintiff was unable to repay the principal and interest of the loan from C, the Plaintiff applied for a voluntary auction of real estate in Incheon District Court B with respect to the instant real estate, and the said court commenced the voluntary auction procedure (hereinafter “instant auction procedure”) on June 4, 2013 upon the said application.

C. At the instant auction procedure around February 20, 2013, the Defendant concluded a lease contract with C by setting the deposit amount of KRW 25,000,000 with the executing court (hereinafter “instant lease contract”) and concluded a move-in report on February 27, 2013, and filed a report on the right and demand for distribution as a small lessee under Article 8 of the Housing Lease Protection Act.

On March 20, 2014, the above enforcement court opened a date of distribution, and determined the defendant as a tenant of small amount prescribed in the Housing Lease Protection Act, and prepared a distribution schedule to distribute the amount of KRW 22,00,000 to the defendant, who is the applicant creditor, and the plaintiff as the applicant creditor, stated an objection against the whole amount of distribution to the defendant.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 8 (including paper numbers), the purport of the whole pleadings

2. Determination

A. The burden of proving the grounds for objection against distribution in a lawsuit of demurrer against distribution 1 is also in accordance with the principle of distribution of the burden of proof in general civil procedure. In the event that 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 the plaintiff asserts that the claim has become null and void as a false declaration