배당이의
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On April 10, 2013, regarding No. 301, the Geumcheon-gu Seoul Metropolitan Government D building No. 301, the owner of the non-party D building, the non-party D building established a right to collateral security with a maximum amount of KRW 169,00,000 with respect to the non-party D building No. 301. The Plaintiff completed the registration of transfer on November 13, 2014.
In addition, on November 13, 2014, Nonparty Industrial Credit Union completed the registration of pledge as to the right to collateral security at KRW 169,000,000.
B. On March 14, 2014, the Gwangjin-gu Saemaul Cooperative filed an application for voluntary auction with the Seoul Southern District Court B regarding the above real estate. On March 6, 2015, the above court distributed KRW 25,000,000 to the Defendant and the appointed party C, respectively, as a small lessee, and to the small public credit cooperative, KRW 137,941,024 as a pledgee of the right to collateral security.
C. On March 6, 2015, the Plaintiff attended the date of distribution on the date of distribution, and made an objection against some of the dividend amounts (the difference between the dividend amount and the maximum debt amount that the public credit union received) of the Defendant and the designated parties C, and filed a lawsuit of demurrer against the distribution on March 11, 2015, within seven days thereafter.
【Ground of recognition】 The fact that there has been no dispute, each entry of Gap1-3, 3, and 4 evidence, and the purport of the whole pleading
2. Determination on the cause of the claim
A. As to the assertion of false declaration of conspiracy, the Plaintiff asserts that the lease agreement is null and void as a false declaration of conspiracy because it constitutes the most lessee who abused the protection system of small lessee C by the Defendant and the designated parties.
The burden of proof of the grounds for objection against 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. In the event that the plaintiff claims 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 claims that the claim has become null and void or disappeared by means of false declaration of agreement or repayment, the plaintiff