배당이의
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the court of first instance.
1. Preparation of the distribution schedule of this case;
A. The Defendant received dividends of KRW 9,000,000 as a provisional attachment authority for the claimed amount in the procedure for the compulsory auction of real estate C (hereinafter “instant auction procedure”) located in the Changwon District Court in Jinwon District Court on two parcels, including the 970m2 and 2 lots (hereinafter “instant real estate”).
B. On August 22, 2016, a court of execution prepared and presented a distribution schedule of KRW 19,969,527 to the Plaintiff, the applicant creditor, and KRW 3,872,082 to the Defendant, the person holding the right of provisional seizure, who was the applicant creditor, as the date of distribution (hereinafter “instant distribution schedule”), and the Plaintiff stated an objection against the total amount of the Defendant’s dividends.
【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 3, the purport of the whole pleading
2. On November 14, 2007, the defendant asserted that the debtor's net E was provisionally seized on November 21, 2007, immediately after the registration of ownership transfer for the real estate of this case was completed.
However, inasmuch as the Defendant, as a person in a relationship with the network E and completed provisional attachment with a false preserved claim for the purpose of evading the obligation of the network E even though there is no claim against the network E, the Defendant is obliged to delete the amount of dividends to the Defendant and distribute the amount to the Plaintiff, thereby revising the instant distribution schedule.
3. Determination
A. The burden of proof on the grounds of a lawsuit of demurrer against distribution shall also be in accordance with the principle of distribution of the burden of proof in general civil procedure.
In the event that the plaintiff asserts that the claim of the defendant was not constituted, the defendant is liable to prove the fact of the cause of the claim, and where the plaintiff claims that the claim was invalid or extinguished due to false representation in conspiracy, the plaintiff is liable to prove the fact that the
(Supreme Court Decision 2005Da39617 Decided July 12, 2007). B.
The evidence Nos. 2, 3, and 4 and the testimony of the witness F of the first instance court shall be taken into account.