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(영문) 서울남부지방법원 2015.10.08 2015가단17207

배당이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The allegations and judgment of the parties

A. The gist of the Plaintiff’s assertion is that the Plaintiff is the most lessee of the Defendant, and thus, the Seoul Southern District Court C real estate auction procedure stated that the instant distribution schedule should be revised by allocating to the Plaintiff the amount of KRW 17 million, equivalent to the principal and interest of the Plaintiff’s claim, out of the dividend amount of KRW 25 million distributed to the Defendant in the

B. Determination 1) The burden of proof as to the grounds for objection to a distribution in a lawsuit of demurrer against the distribution also complies with the principle of allocation of the burden of proof in general civil procedure. In the event that 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 where the plaintiff asserts that the claim has become null and void as a false agreement or has become extinguished by repayment, the plaintiff is liable to prove the facts constituting the cause of disability or extinguishment (see, e.g., Supreme Court Decision 2005Da39617, Jul. 12, 2007). 2) The evidence No. 2, No. 2, and No. 2, and No. 101 to 10, Mar. 6, 2014, the defendant paid 300,000 won for the remainder of the lease contract and paid 205,000 won to the landlord, who is the lessor, for the remaining 30,000 won.

3 and evidence Nos. 1, 3, and 5 respectively.