1. It is prepared by the above court on August 20, 2018 with respect to the case of compulsory auction of real estate D or E (Dual) by the District Court.

1. Basic facts

A. The Plaintiff, as a creditor of F with respect to F, filed an application for an auction on the share of 1/2 out of the building with G 460 square meters and the three-story neighborhood living facilities (hereinafter “instant building”) and the single-story housing, and the H 128 square meters in Yangju-si, for a ruling to commence compulsory sale of real estate with the Government District Court D on November 10, 2017.

(B) On February 9, 2018, the decision on commencing the auction of real estate was made in duplicate with respect to the instant building, etc. to the District Court E, and the auction was conducted simultaneously; hereinafter “instant auction procedure”).

In the auction procedure of this case, each of the above real estate was sold in KRW 517,600,000.

On August 20, 2018, the Jung-gu District Court followed the distribution procedure. On August 20, 2018, the Plaintiff distributed KRW 2,028,300 out of the total amount of KRW 18,440,00, interest KRW 2,750,843 with respect to the Plaintiff’s claim against F, the Defendant distributed KRW 2,028,30 among the total amount of KRW 21,190,843, and the Defendant distributed KRW 6,556,537 out of the amount of the Defendant’s claim against F (hereinafter “instant distribution schedule”).

C. The Plaintiff appeared on the date of the above distribution, and raised an objection to the total amount of the above dividend amount against the Defendant, and filed the instant lawsuit on the same day.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant's claim amounting to KRW 68,50,00 against F, which was distributed to the defendant's 5th priority in the auction procedure of this case, is false bonds that the defendant conspired with the defendant and F, and thus, the defendant's claim amount should be deleted from the distribution schedule of this case and the whole amount should be corrected as the amount of dividends against the plaintiff.

B. The defendant's assertion that the defendant lent KRW 68,500,000 to F without interest agreement, and thus the defendant's claim against F is not a false claim.

3. Determination

A. In a lawsuit of demurrer against distribution, the burden of proving the grounds for objection against distribution is based on a general civil procedure.