1. The plaintiff's claim is dismissed.

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

1. Determination as to the cause of claim

A. The auction court of the Plaintiff’s assertion recognized the Defendant as the lessee of small claims under the Housing Lease Protection Act and distributed KRW 17,000,000 to the Defendant, but the Defendant is the most lessee who entered into a false lease agreement with Nonparty D and is not the genuine lessee. The amount of dividends to the Defendant should be deleted from the distribution schedule of this case, and the amount equivalent thereto should be distributed to the Plaintiff.

B. Determination 1) The burden of proof of grounds for objection to a distribution in a lawsuit of demurrer against distribution also complies with the principle of allocation of the burden of proof in general civil procedure. Thus, where the Plaintiff asserts that the Defendant’s claim has not been constituted, the Plaintiff is liable to prove the fact of the cause of the claim to the Defendant, and where the Plaintiff asserts that the claim has become null and void as a false declaration of agreement or has ceased to exist due to repayment (see, e.g., Supreme Court Decision 2009Da92821, 209Da92838, Mar. 25, 2010). In light of the legislative purpose of the Housing Lease Protection Act and the purport of the protection system of small lessee, even if the obligee entered into a lease agreement with the obligor on the housing owned by the obligor and resided therein after completing the move-in report, if the main purpose of the lease agreement is not to use the housing and make profits therefrom, and there is a main purpose to collect the claim prior to the senior lessee under protection as a small lessee under the Housing Lease Protection Act (see Supreme Court Decision 20136Da136, May 20137, etc.