1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C obtained a decision to provisionally attach E, 401 (hereinafter “instant real estate”) owned by D on December 24, 2013 due to loans of KRW 26,500,000 against D (hereinafter “instant real estate”) (this Court Decision 2013Kadan1835).

On September 26, 2014, the Plaintiff acquired the above bonds of C and notified D of the fact of transfer and takeover of bonds on the same day.

B. On December 27, 2013, the Defendant filed an application for voluntary auction on the instant real estate, and this court rendered a decision on the voluntary auction (B) on December 30, 2013.

C. In the above auction procedure, F acquired the instant real estate on September 18, 2014, and this court drafted a distribution schedule as shown in the attached Form (hereinafter “instant distribution schedule”) on October 15, 2014.

On the date of the above distribution, the Plaintiff raised an objection against the total amount of dividends to the Defendant.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 to 5 and 8, and the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion was that the Defendant completed the registration of the establishment of a neighboring mortgage on the instant real estate by the Daejeon District Court Branch No. 38796, Oct. 22, 2013, the Defendant completed the registration of the establishment of a neighboring mortgage on October 22, 2013. In collusion with D to prepare for enforcement or preservative measures against the instant real estate by other creditors against D, the Defendant completed the registration of the establishment of a neighboring mortgage on the basis thereof.

Therefore, since the defendant cannot receive the distribution, the distribution schedule of this case should be revised as stated in the purport of the claim.

3. The burden of proving the grounds for objection to a distribution in a lawsuit of demurrer against distribution is also 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 was not constituted, the defendant is liable to prove the facts of the cause of the claim, and where the plaintiff claims that the claim was invalid as a false declaration of conspiracy or extinguished as a result of repayment, the