1. The plaintiff's claim is dismissed.

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

Facts of recognition

On October 5, 2018, the compulsory auction procedure for the real estate in this case owned by Nonparty E (No. 6-H of the building G building in Busan-gun) was commenced on October 5, 2018 upon the Plaintiff’s application as a creditor of E.

(C) On September 10, 2019, the date of distribution of the above auction procedure, the distribution schedule was prepared to distribute the amount of 100% to the small lessee who is the first creditor, the second creditor, 100% of the amount of credit to the second creditor, and to the Defendant, who is the third creditor, the mother of Eul, and the third priority, the amount of 27,767,746 won to the Plaintiff, and the amount of 33,279,769 won to the Plaintiff.

On the date of the above distribution, the Plaintiff raised an objection against the Defendant, and thereafter filed the instant lawsuit.

[Ground] The plaintiff asserts to the effect that "the defendant's claim for loans of KRW 60 million, which is alleged by the defendant, is false, so the defendant's amount of dividends should be distributed to the plaintiff accordingly," although there is no dispute, Gap's evidence Nos. 1 through 5, and the purport of the whole pleadings."

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 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 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, etc.). However, comprehensively taking account of each of the descriptions in Eul-1 through 4 (including the serial numbers), the Defendant received a loan of KRW 60 million from an I.D. on December 2, 2016, and transferred KRW 59.3 million out of the same day to E, and on the other hand, prepared a deed of borrowed money (No. 2) between E and E on the same day, and the Defendant prepared a deed of borrowed money.