2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

2. The parties' assertion

A. The gist of the Plaintiff’s assertion asserts that the Plaintiff did not have any claim for loans on the instant notarial deed against the non-party partnership, or that the monetary loan agreement or the debt repayment agreement entered into between the Defendants and the non-party partnership constitutes a false declaration of agreement, and thus, the instant dividend table should be corrected.

B. On the summary of the Defendants’ assertion, the Defendants, as members of the non-party association, leased money to the non-party association for the purpose of paying litigation costs and taxes due to the lack of construction costs, etc., which led to several lawsuits between the non-party association and the construction company, etc....

3. Determination

A. In a lawsuit of demurrer against distribution, the burden of proof as to the grounds for objection against distribution also complies with the principle of allocation of the burden of proof of general civil procedure. Therefore, in a case where the plaintiff claims that the defendant had not constituted a claim, 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 has become null and void as a false declaration of

(See Supreme Court Decision 2005Da39617 Decided July 12, 2007). B.

Judgment

The fact that the notarial deed for each of the monetary loan contracts was made at the commission of the Defendants by the non-party union and the non-party union is as seen earlier, and according to the evidence Nos. 1-1 through 13, and Nos. 2 and 3, the Plaintiff prepares a false notarial deed with 25 members including the Defendants of this case and prepares it at the auction procedure of this case.