1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 11, 2016, the Plaintiff loaned KRW 16 million to E for the period of reimbursement of KRW 280,000 on February 15, 2017, and on February 15, 2017, the interest rate of KRW 280,00. On February 15, 2016, the Plaintiff completed the registration of the establishment of a neighboring apartment with the mortgagee as the Plaintiff.

B. On December 19, 2016, upon the application of the Plaintiff, who is the right to collateral security (right to collateral security) and Hyundai D Co., Ltd., a voluntary auction procedure (C and D) was initiated with respect to the instant apartment on December 19, 2016. On April 26, 2017, the distribution schedule was formulated in order of the first priority among the amount to be distributed on the date of distribution of the above auction procedure held on April 26, 2017, which was KRW 198,726,943, which was to be distributed to the Defendant on the date of distribution of the above auction procedure, the Defendant, as the priority lessee, and the second priority of the amount of KRW 20 million and KRW 308,980,00 as the right to deliver (the pertinent tax), and the second priority of the Daejeon Metropolitan City MD

C. On the date of the above distribution, the Plaintiff raised an objection against the amount of KRW 20 million against the Defendant, and filed the instant lawsuit on April 28, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4 (including additional number), and 5, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The gist of the plaintiff's assertion is the most lessee.

B. Determination 1) In a lawsuit of demurrer against distribution, the Plaintiff shall assert and prove facts constituting the grounds for objection against distribution. As such, the obligee who filed an objection against distribution by asserting that the other party’s claim is disguised, bears the burden of proof as to the obligee who filed an objection to distribution (see Supreme Court Decision 97Da32178, Nov. 14, 1997). 2) The following facts can be acknowledged based on the evidence Nos. 2, 3, and 5 as to the evidence Nos. 2, 3, and 3 through 5.

① On April 12, 2016, the Defendant leases a lease deposit of KRW 25 million, monthly rent of KRW 650,000, and KRW 24 months with respect to G and the instant apartment.