배당이의
1. Of the distribution schedule prepared by the above court on August 23, 2019 with respect to the case of the voluntary auction of real estate B by the Seoul Northern District Court.
1. Facts of recognition;
A. On August 23, 2012, the Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (hereinafter “Nonindicted Company”), and D, the representative director of the Nonparty Company, jointly and severally guaranteed all obligations under the said credit guarantee agreement with the Plaintiff.
B. The non-party company was granted a loan from the Industrial Bank of Korea by taking the credit guarantee form issued by the Plaintiff as security, but a credit guarantee accident occurred, and the Plaintiff subrogated for KRW 301,583,319 to the Industrial Bank of Korea on December 26, 2018 in accordance with the said credit guarantee agreement.
C. On October 25, 2018, the Seoul Seongbuk-gu Seoul Seongbuk-gu Seoul E, 112 square meters and its ground detached housing (hereinafter “instant housing”) filed an application for auction by the Industrial Bank of Korea, a decision to voluntarily commence the auction was rendered on October 25, 2018.
On August 23, 2019, the Seoul Northern District Court prepared a distribution schedule that distributes the amount of KRW 240,000,000,000, and KRW 200,000, and KRW 50,081,313 in the order of priority to the Defendant, who is the lessee of the fixed date, among the real estate sales proceeds, the amount of KRW 490,081,313, which is to be actually distributed among the real estate sales proceeds (hereinafter “instant distribution schedule”).
E. On August 23, 2019, the Plaintiff appeared on the date of distribution, and stated an objection against the total amount of distribution to the Defendant, and thereafter filed the instant lawsuit on August 28, 2019.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, purport of the whole pleadings
2. The burden of proof of the grounds for objection to a distribution in a lawsuit of demurrer against distribution is in accordance with the principle of allocation of the burden of proof in general civil procedure. Thus, in a case where the plaintiff asserts that the defendant's claim has not been constituted, the defendant is liable to prove the facts of the cause of the claim, and in a case where the plaintiff claims that the claim is invalid as a false declaration of conspiracy