배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On February 27, 2015, the above court set up and distributed a distribution schedule stating that the Defendant shall pay 90,000,000 won of the amount of credit to the Defendant on the date of the open distribution on February 27, 2015, for the real estate listed in the attached list D and E (hereinafter “instant real estate”) as indicated in the attached list D and E (hereinafter “instant auction procedure”), as the lessee with the distribution priority, and that the Plaintiff shall distribute the amount of credit of 85,00,000,000 won among the amount of credit of 85,00,000,000 won to the Plaintiff as the lessee with the distribution priority of 10,000,000 won to the Plaintiff.
The Plaintiff appeared on the date of the above distribution and raised an objection against KRW 26,160,224 (=85,00,000 - KRW 58,839,776) out of the amount of dividends against the Defendant.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 5
2. Determination
A. The Defendant, which caused the claim, is not a genuine lessee but a false lessee who conspired with D and E, and should be excluded from the distribution.
B. Determination 1 as to the cause of claim 1) The burden of proof as to the cause of objection to a distribution in a lawsuit of demurrer to a distribution also complies 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 claim was not constituted, the defendant is liable to prove the cause of the claim to the defendant, and where the plaintiff claims that the claim was null and void as a false declaration or extinguished as a result of repayment, the plaintiff is liable to prove the facts constituting the cause of disability or extinction (see Supreme Court Decision 2005Da39617, Jul. 12, 2007). (See Supreme Court Decision 2005Da39617, Jul. 12, 2007).