1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 27, 2012, the Plaintiff completed the registration of the establishment of a neighboring real estate with a maximum debt amount of KRW 266,00,000 with respect to F-owned real estate, including a light-weight structure, steel structure, and other types of neighborhood living facilities of Class 1 neighborhood living facilities on the land of Hong-gun, Hongsung-gun, Hongsung-gun (Seoul) and a single roof (hereinafter “the instant housing”). On June 27, 2012, the Plaintiff filed an application for commencement of the auction of the said real estate with Red Branch of the Daejeon District Court for the commencement of the auction on August 26, 2013, and thereafter, the said auction case was consolidated with D real estate auction in the above court.

(hereinafter “instant auction procedure”). B.

In the auction procedure of this case, the executing court distributed KRW 7,00,000,000, out of KRW 531,033,857, which is to be actually distributed on June 11, 2014, to the defendant as the first priority small lease deposit, and the court prepared a distribution schedule with the content that the court distributes the amount to the plaintiff who is the mortgagee and the applicant creditor as the right to collateral security, in the fourth priority.

C. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection to the whole amount of distribution to the Defendant, and thereafter filed the instant lawsuit on June 17, 2014.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2 and 3

2. The assertion and judgment

A. The Plaintiff’s assertion that the Defendant made an investment in F but failed to receive the investment amount from F, and that the lease contract between F and the Defendant was concluded for the purpose of receiving a dividend in the instant auction procedure, and the lease contract between F and the Defendant is null and void by false

B. Determination 1) In a lawsuit of demurrer against distribution, the Plaintiff did not assert or prove the facts constituting the grounds for objection, and thus, the obligee who filed an objection to distribution by asserting that the other party’s claim is disguised, bears the burden of proof as to such assertion (see Supreme Court Decision 97Da32178, Nov. 14, 1997). Also, in order to establish the false declaration of intention, the intention and indication of declaration are inconsistent with the intention of declaration of intention.