1. The defendant among the distribution schedule prepared on October 28, 2015 by the above court in the Incheon District Court C real estate auction case.

1. Basic facts

A. The Plaintiff did not receive money from D and filed a lawsuit with the Incheon District Court 2013Gaso27162, and on June 20, 2013, “Defendant (D) shall pay to the Plaintiff 19,000,000 won and interest calculated at the rate of 20% per annum from March 15, 2013 to the date of full payment.” The above judgment became final and conclusive.

B. The instant real estate was owned by D. The Korea Housing Finance Corporation, which acquired a claim against the right to collateral security from Korea Life Insurance Co., Ltd., which is the right to collateral security, filed an application for a voluntary auction of real estate with this court C on the basis of the right to collateral security, and this court rendered a decision to commence voluntary auction on January 23, 2015.

(hereinafter referred to as “instant auction procedure”)

On March 12, 2015, the Plaintiff filed a report on the right to the said loans and demanded the distribution of the said loans, as a creditor with an executory exemplification of provisional seizure and executory exemplification, at the instant auction procedure.

On the other hand, on January 10, 2014, the Defendant asserted that D leased one room among the instant real estate in the amount of KRW 20 million from the lease deposit, and filed a report on the right and a demand for distribution in the instant auction procedure.

E. On October 28, 2015, this Court prepared a distribution schedule with the content that the Defendant, who demanded a distribution as a small lessee on the date of distribution implemented on October 28, 2015, distributes the amount of KRW 20 million to the Defendant, and did not distribute it to the Plaintiff.

(F) The Plaintiff raised an objection to KRW 19 million out of the amount of dividends against the Defendant on the date of the said distribution, and thereafter filed the instant lawsuit on November 3, 2015, within one week thereafter.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, 14, the purport of the whole pleadings

2. Determination as to the cause of action

A. The burden of proof in a lawsuit of demurrer against distribution is also in accordance with the principle of allocation of burden of proof in general civil procedure, and the plaintiff's claim is established.