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(영문) 서울동부지방법원 2015.04.13 2014가단52385
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Comprehensively taking account of the overall purport of arguments as to Gap evidence Nos. 1, 3, 4, and 7 (including each number; hereinafter the same shall apply) and the whole purport of arguments, the court issued an order of commencement of auction on January 9, 2014 and January 23, 2014 at the request of the plaintiff and the Korea Housing Finance Corporation (Duplicate) with respect to the E apartment Nos. 101, 208 (hereinafter "the apartment of this case"), which were D owned, each of the following facts: (a) filed a claim for dividend payment with the defendant on the date of signing a lease contract with D and lease deposit amount of KRW 34,00,000 (hereinafter the "lease of this case"), and (b) filed a lawsuit with the defendant on the date of distribution on October 24, 2014, the court issued the distribution schedule of KRW 63,429,409, 105, 2005, 205, 30081.

2. The Plaintiff asserts that the amount of dividend 25,000,000 against the Defendant should be distributed to the Plaintiff, as the Defendant is the most lessee who entered into a false rental agreement.

The burden of proving the grounds for objection to a distribution also conforms to the principle of distribution of the burden of proof in general civil procedure. Therefore, 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 in the event that the plaintiff claims that the claim has become invalid as a false declaration of agreement or disappeared by repayment, the plaintiff

(See Supreme Court Decision 2005Da39617 Decided July 12, 2007, etc.).

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