1. A distribution schedule prepared on February 28, 2018 by the above court with respect to a compulsory auction case against the Suwon District Court B immovables B.

Facts of recognition

The Plaintiff filed a lawsuit against C claiming a loan (Seoul Central District Court Decision 201Gadan425842). On February 23, 2012, the court rendered a judgment that C shall pay to the Plaintiff 60,572,914 won and 33,763,347 won with interest rate of 17% per annum from September 15, 2011 until the day of full payment, and the above judgment became final and conclusive around that time.

The Plaintiff applied for a compulsory auction on the real estate owned C based on the above final judgment (U.S. District Court B case, hereinafter “instant auction case”), and the Defendant claimed that C has a loan claim of KRW 76,000,000 against C in the auction court, and applied for distribution.

Then, on the date of distribution opened on February 28, 2018, the remaining 85,134,275 won was distributed after deducting the execution cost, etc. from the proceeds of sale of real estate. The Plaintiff and the Defendant received dividends from all third-class creditors (each dividend ratio of 46.6%), the amount of dividends to the Plaintiff was 45,554,150 won, and the amount of dividends to the Defendant was 33,639,211 won.

The plaintiff raised an objection to the whole amount of dividends to the defendant on the date of distribution.

(Reasons for recognition) Facts without dispute, entries in Gap evidence 1 through 6, the purport of the whole pleadings.

Judgment

In a lawsuit of demurrer against distribution, the burden of proof as to the grounds for objection against distribution 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 invalid as a false declaration

(See Supreme Court Decision 2005Da39617 Decided July 12, 2007). The Plaintiff is the Defendant.