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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
On August 31, 2016, with respect to each real estate listed in the attached Table 1, registered in the name of E in the name of E, the compulsory auction procedure was initiated as Suwon District Court D on August 31, 2016, and as to each real estate listed in the attached Table 2, registered in the name of F, the voluntary auction procedure was initiated with the Suwon District Court G on December 27, 2016, and each of the above auction procedures was jointly initiated.
[This case’s auction procedure] In the instant auction procedure, the auction court drafted a distribution schedule with a total of KRW 447,151,976 on September 28, 2017 to Defendant B, with a dividend ranking of KRW 1,47,151,976, and Defendant C, with a dividend ranking of KRW 285,642,661, with a dividend ranking of KRW 285,661, to Defendant C.
The Plaintiff was present on the date of distribution of the instant auction procedure as a mortgagee for each of the land I and J and raised an objection against KRW 100 million out of the dividends against Defendant B, and KRW 100 million among the dividends against Defendant C.
Plaintiff’s assertion
The summary of the auction procedure of this case is that Defendant B obtained unjust profits by receiving the successful bid price on his own by lowering the successful bid price due to Defendant B’s malicious act, and Defendant C agreed to receive only principal in relation to the obligor of the right to collateral security with the obligor of the right to collateral security. Therefore, the amendment of the distribution schedule, such as the written claim,
Judgment
A person entitled to receive a distribution means a person who has been able to receive a distribution, where he/she makes a distribution under the rights under substantive law to the creditors entitled to participate in the distribution as a matter of course, even though he/she has not made a demand for
In addition, the burden of proof as to the grounds for objection against distribution is in accordance with the principle of allocation of burden of proof in general civil procedure. Therefore, in 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