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(영문) 수원지방법원성남지원 2019.08.23 2018가단222173

배당이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. The burden of proof as to the grounds for objection to a distribution in a lawsuit of demurrer is in accordance with the principle of distribution of the burden of proof in general civil procedure. Therefore, 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 has become null and void as a false declaration of agreement

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

In full view of the overall purport of the arguments in the statements in Eul evidence Nos. 10 through 13 and 17, the defendant may recognize the fact that the defendant has made a considerable amount of monetary transaction during the period from January 1, 201 to December 31, 2017, using accounts such as the network D and its identification, children, and Escopies, etc.

D E EF G In full view of the purport of each of the statements in Gap evidence Nos. 1 through 3, Eul evidence Nos. 3 and 15, the defendant was issued a promissory note worth KRW 40 million at the face value of April 30, 2016 with the meaning of repayment or security against the deceased’s claim against the deceased, and as to this, on November 29, 2016, a notary public received a promissory note No. 1203 with the H deed No. 1203, and on December 14, 2016, based on the above notarial deed No. 2016TT 20134, Suwon District Court’s Sungnam Branch Branch Court’s order for collection and seizure of claims against the deceased’s claim for deposit money No. 2015Hun-2808, and participated in the distribution support procedure by the Suwon District Court.

Therefore, the plaintiff's claim on the premise that the defendant's claim against the deceased does not exist is without merit.

2. Conclusion, the claim of this case is dismissed as it is without merit. It is so decided as per Disposition.