배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff asserted that the Plaintiff borrowed KRW 20,000,000 from Defendant B and repaid all of them.
The Plaintiff’s establishment of the right to collateral security against the land set up to Defendant B and Defendant C was merely a form of security against the investment proceeds, and still an investment contract (Evidence A2) remains effective. Therefore, there is no reason to apply for the auction to exercise the right to collateral security against the land set up unilaterally by the Defendants.
The distribution schedule, such as the purport of the claim, should be revised.
2. The burden of proving the grounds for objection to a distribution in a lawsuit of demurrer against distribution is also in accordance with the principle of allocation of the burden of proof in general civil procedure. In the event that the plaintiff claims that the defendant's claims have not been constituted, the defendant is liable to prove the facts of the cause of the claim, and where the plaintiff claims that the claims were invalid as a false declaration of conspiracy or extinguished as a result of repayment
(2) The Plaintiff’s assertion is insufficient to accept the Plaintiff’s assertion on July 12, 2007 (see, e.g., Supreme Court Decision 2005Da39617, Jul. 12, 2007).
(A) The Plaintiff’s claim against Defendant C is without merit.
3. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition by the court below.