1. The plaintiff's claim is dismissed.

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

Basic Facts

In order to secure loan claims against Nonparty C, the Plaintiff completed the registration of the establishment of a neighboring mortgage of KRW 132,00,000 on May 19, 2010 to the building D, 102, 303, Dong-gu, Incheon Metropolitan City (hereinafter “instant real estate”) owned by Nonparty C (hereinafter “instant real estate”).

On July 4, 2014, according to the plaintiff's application for voluntary auction, the procedure of voluntary auction was initiated to Incheon District Court B with respect to the real estate in this case.

The Defendant asserted that the instant real estate was a lessee during the instant auction procedure, and filed a report on the right and demand for distribution.

On February 4, 2015, this Court prepared a distribution schedule with the content that distributes the amount of KRW 20,000,000 to the Defendant, who demanded a distribution as a small lessee on the date of distribution, in the order of 1st priority, and 86,100,194 to the Plaintiff.

On February 10, 2015, the Plaintiff raised an objection against the whole amount of dividends to the Defendant on the date of distribution, and thereafter filed the instant lawsuit on February 10, 2015.

[Ground of recognition] Facts without dispute, Gap 1 through 4 evidence, assertion of the purport of the entire pleadings, and circumstances suggesting that the plaintiff's assertion of the plaintiff's claim that the lease deposit paid by the defendant to the landlord C was not paid to the landlord since it was remitted to another place immediately after the remittance. The defendant did not actually reside in the real estate of this case, and the circumstance leading up to the defendant's preparation of the lease deposit has not been clearly explained, the defendant is the most lessee who entered into a false lease contract to receive the small amount lease deposit

Judgment

In a lawsuit of demurrer against distribution, the plaintiff shall assert and prove the facts constituting the grounds for the objection against distribution, so the creditor who has filed an objection against distribution by asserting that the other party's claim is disguised, shall bear the burden of proof therefor.

(see, e.g., Supreme Court Decision 97Da32178, Nov. 14, 1997). The following are acknowledged by the respective descriptions of evidence B and the purport of the entire pleadings.