1. The plaintiff's claim is dismissed.

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

1. Facts without dispute;

A. On September 25, 2009, the Namyang-si District Court of Jungyang-si, the Plaintiff completed the registration of establishment of a neighboring mortgage, which is the Plaintiff of the D apartment 106 Dong 204 (hereinafter “instant apartment”), with respect to the D apartment 106 Dong 204 (hereinafter “instant apartment”).

B. After that, on May 30, 2013, upon the Plaintiff’s request, the instant apartment was rendered a ruling to commence the auction of real estate rent. At the auction procedure that was conducted thereafter, the said auction court drafted a distribution schedule stating that the Defendant, who is the lessee of small amount on January 24, 2014, distributes KRW 14 million to the Plaintiff, who is the applicant creditor and the mortgagee, in the order of priority 3rd, and that the said auction court distributes KRW 122,027,573 to the Plaintiff.

C. Accordingly, the Plaintiff appeared on the aforementioned date of distribution, and stated an objection against the whole amount of distribution to the Defendant, and filed the instant lawsuit on January 29, 2014, within one week thereafter.

2. In the auction procedure regarding the instant apartment in the Plaintiff’s assertion, the auction court distributed the Defendant KRW 14 million to the Defendant on the ground that the Defendant leased the instant apartment in KRW 40 million, but the Defendant constitutes the most lessee who in collusion with C, who was the owner of the instant apartment, entered into a false rental agreement in collusion with C, and thus, constitutes the owner of the instant apartment in collusion with C, the amount of dividends against the Defendant should be deleted and the Plaintiff should be additionally distributed to the Plaintiff.

3. The burden of proof as to the grounds for objection against distribution in a lawsuit of demurrer against distribution is in accordance with the principle of allocation of the burden of proof in general civil procedure. In the event that the plaintiff claims that the defendant's claims were not constituted, the defendant is liable to prove the facts of the cause of the claim, and where the plaintiff claims that the claims were invalid or extinguished due to false representation in collusion, the plaintiff shall be liable