The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. Upon the Plaintiff’s application, the auction of real estate rent was commenced by the Ulsan District Court C with regard to the building E of Ulsan-gu D (hereinafter “instant building”). On February 27, 2020, the date of distribution was set up a distribution schedule to distribute 20,000,000 won to the Defendant, who is the lessee of the small amount on February 1, 2020, to the south-gu Seoul Metropolitan City, Ulsan Metropolitan City, the holder of the second order of delivery (the pertinent tax), KRW 74,980, and 439,330, 169,275,590, 590, and 4,970 won to the Defendant, who is the mortgagee of the third order of delivery, to the Seoul Metropolitan City, the holder of the third order of the national health insurance.

B. On March 3, 2020, the Plaintiff raised an objection against the total amount of dividends to the Defendant on the date of distribution, and filed a lawsuit of demurrer against the distribution of this case.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3, 10 evidence, purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion is that the Defendant, as the most lessee, prepared a false lease contract and received the distribution by demanding a distribution as a small rent. As such, the amount of 169,275,590 won against the Plaintiff should be increased to KRW 185,872,396, which is the full amount of the Plaintiff’s claim. From KRW 20,00,000 to KRW 16,596,806 (=185,872,396 - 169,275,590), the remainder after deducting the amount of 16,403,194 won from the total amount of the Plaintiff’s claim against the Defendant.

In addition, the lease agreement between the defendant and F constitutes a fraudulent act against the plaintiff, who is the creditor, so the above distribution schedule should be revised.

B. The burden of proof as to the grounds for objection against distribution in a lawsuit of demurrer 1 is also in accordance with the principle of distribution of the burden of proof in general civil procedure. Therefore, in a case where 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’s claim has become null