배당이의
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
1. Facts of recognition;
A. Of G-gu Seoul, Yongsan-gu and four multi-household houses with the 5th floor of reinforced concrete structure (hereinafter “instant housing”), each real estate was decided by this court as D, E, and F (combined) with regard to the fourth floor Nos. 401, 402, 501, and 202 of the fifth floor among the apartment houses with the 5th floor of reinforced concrete structure (hereinafter “instant housing”).
B. On March 28, 2014, on the date of distribution of the above auction procedure, the instant court drafted a distribution schedule with the content of allocating KRW 6,874,206 to the Defendant Company, which reported the amount of KRW 9,895,373 to the Plaintiff, who is the applicant creditor of the maximum debt amount of KRW 150,00,00,000, with the claim for construction cost under the construction contract established with G, and KRW 340,00,000,000, respectively.
C. The Plaintiff raised an objection against the dividend amount of the Defendant Company on the date of the said distribution, and on April 3, 2014, prior to the lapse of one week thereafter, on April 3, 2014, to the instant court.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, and 6 (including virtual numbers), the purport of the whole pleadings
2. The Plaintiff alleged that the Plaintiff’s assertion is that the person who entered into a contract for construction work with G is not the Defendant Company, and thus, the Defendant Company’s claim for construction work payment against G does not exist, and that the three-year extinctive prescription has expired even if the Defendant Company’s claim for construction work payment exists, and that the Defendant Company deleted the amount of dividends and distributes it to the Plaintiff.
3. Determination
A. In a lawsuit of demurrer against distribution, the burden of proof of grounds for objection against distribution also complies with the principle of allocation of the burden of proof of 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 facts of the cause of the claim, and where the plaintiff claims that the claim was invalid as a false declaration of agreement or extinguished by repayment, the plaintiff is liable