1. A distribution schedule prepared on January 25, 2016 by the above court with respect to a compulsory auction case of real estate C, which is located in the Chuncheon District Court.

1. Facts of recognition;

A. As a creditor against Nonparty D, the Plaintiff filed an application for an auction on each real estate listed in the separate sheet owned by Nonparty D (as to the real estate No. 3 among them, hereinafter “instant building”), and the auction procedure was in progress to Chuncheon District Court’s territorial branch C.

B. In the above auction procedure, the Defendant asserted that he was a lessee who leased the instant building from D, and made a demand for distribution.

C. On January 25, 2016, the aforementioned court drafted a distribution schedule (hereinafter “instant distribution schedule”) in which the Plaintiff distributes a total of KRW 53,344,502 to the Defendant, among the dividends of KRW 149,184,290, and KRW 35 million (i.e., the highest priority of KRW 15,000,000,000,0000,000,000,000) to the Defendant.

The Plaintiff appeared on the date of the aforementioned distribution, and raised an objection to the full amount of the distribution to the Defendant, and filed the instant lawsuit on January 27, 2016, which was seven days or less thereafter.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The gist of the parties’ assertion asserts that the Defendant’s lease agreement entered into between D and D is null and void by false conspiracy, and that the instant distribution schedule, which was drafted by the Defendant to distribute the amount of dividends of KRW 35 million to the Defendant on the premise that the Defendant is a genuine lessee, is unfair, and thus, the said distribution schedule should be revised by allocating the amount of dividends to the Plaintiff. The Defendant, upon entering into a lease agreement with D and transferring the resident registration around August 19, 201, has resided in the instant building, and thus, is not the most lessee.

3. Determination

A. The burden of proof in a lawsuit of demurrer against distribution is 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 was not constituted, the defendant is liable to prove the cause of the claim and the plaintiff's claim