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(영문) 창원지방법원통영지원 2016.05.12 2015가단26251

배당이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination

A. On December 23, 2015, the common branch court of the Changwon District Court established a distribution schedule to distribute the amount of KRW 6,426,213 to the Defendant, who is the person holding the provisional seizure (Seoul District Court 9Da38670) and the applicant creditor (Seoul District Court 2010Daso265083), respectively, to the Plaintiff, who is the applicant creditor (Seoul District Court 2010Daso265083).

[Reasons for Recognition] Facts that there is no dispute between the parties, and entry of Gap evidence 1

B. The Plaintiff’s assertion 1) The Defendant’s provisional attachment as Busan District Court 99Kadan38670 on real estate owned by the deceased C (hereinafter “instant provisional attachment”).

2) The claims causing the instant provisional seizure are invalid by means of false representation in collusion.

C. 1) The burden of proving the grounds for objection to a distribution in a lawsuit of demurrer against a 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 asserts that the defendant's claim has not been constituted, the defendant is liable to prove the facts constituting the grounds for objection to a distribution, and where the plaintiff asserts that the claim has been invalidated as a false declaration of conspiracy or extinguished by payment, the plaintiff is liable to prove the facts constituting the grounds for disability or extinguishment (see Supreme Court Decision 2005Da39617, Jul. 12, 2007).

Where one party to the judgment on the plaintiff's application for resumption of oral argument has filed an application for resumption of oral argument to submit arguments and certificates after the closing of oral argument, in principle, it belongs to the court's discretion.

However, the party who filed an application for resumption of pleadings was not given the opportunity to submit arguments and certifications because it is difficult to impose responsibility on him/her before the closing of pleadings.