1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. In the case of an application for a compulsory auction of real estate B (Dual) by Cheongju District Court, Cheongju District Court, 104, 904, and 904, owned D, the Plaintiff filed a report on the rights of KRW 41,039,028 based on the decision on performance recommendation for loans claim No. 2005, 2431, Cheongju District Court, Cheongju District Court, Cheongju District Court, 2005, 2431, and received dividends of KRW 10,164,90

B. The Defendant was apportioned KRW 30,000,000 to the Cheongju District Court, No. 19585, Aug. 12, 2003, as to the said real estate, as to the right to collateral security (hereinafter “instant right to collateral security”) which completed the establishment registration of a mortgage over the maximum debt amount of KRW 30,000,000, in the said auction procedure.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination:

A. Although the Plaintiff’s claim against D does not exist, and even if it is not a domestic affairs, the above claim becomes extinct upon the expiration of the extinctive prescription, the amount of dividends against the Defendant should be deleted, and the amount of dividends against the Plaintiff should be corrected as stated in the purport of the claim.

B. The burden of proof as to the grounds for objection against distribution in a lawsuit of demurrer against distribution of the burden of proof is also in accordance with the principle of distribution of the burden of proof in general civil procedure. 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 where the plaintiff claims that the claim has become null and void as a false declaration of conspiracy

(See Supreme Court Decision 2005Da39617, Jul. 12, 2007, etc.). Meanwhile, the right to collateral security is a mortgage established by setting only the maximum amount of the debt to be secured, reserving the determination of the debt in the future (Article 357(1) of the Civil Act), and a large number of unspecified claims arising from a continuous transaction relationship are specified in a settlement term in the future.