1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff was a mortgagee with respect to D Apartment 202, 1504, 202, and 1504 (hereinafter “instant apartment”) owned by Seo-gu Incheon, Seo-gu, Incheon, to secure the loan claim against C, and filed an application for voluntary auction with respect to the instant apartment, and rendered a voluntary decision to commence voluntary auction to B on May 7, 2013.

B. In the above auction procedure on February 11, 2014, the distribution schedule (hereinafter “instant distribution schedule”) was prepared in the order of 20 million won, 200,000 won, and 140,200 won, and 3 order of 140,200 won, in the Seo-gu Incheon, Incheon, the holder of the right of delivery (the pertinent tax), who demanded a distribution as a small lessee, was prepared. The Plaintiff appeared on the above distribution date, and raised an objection against the said distribution amount, and filed a lawsuit of demurrer against the distribution on February 14, 2014, which is within one week thereafter.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 4, Gap evidence 8 and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Defendant, which is the cause of the claim, is merely the most lessee who entered into a false lease contract with C, and thus distributes the amount of KRW 20,00,000 to the Defendant as the small lessee, should be revised as stated in the purport of the claim.

B. In a lawsuit of demurrer against distribution, since the plaintiff does not assert or prove the facts constituting the grounds for objection against distribution, the creditor who filed an objection against distribution by asserting that the other party's claim is disguised, shall bear the burden of proof therefor.

(Supreme Court Decision 97Da32178 delivered on November 14, 1997). In full view of the health class, Eul 1 through 6, Eul 8, Eul 10, Eul 10, and the overall purport of the arguments and arguments in this case, the defendant and the above C are as follows: (a) through the "F Licensed Real Estate Agent Office G" located in Nam-gu Incheon Metropolitan Dong-gu E BB242 on March 25, 2013, the defendant registered the apartment of this case from the above C.