1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 7, 2015, C, the Plaintiff’s spouse, issued promissory notes with the Defendant at par value of KRW 200 million, and a notary public drafted a notarial deed (hereinafter “notarial deed of this case”) with No. 984, 2015, on which a notary public drafted a notarial deed (hereinafter “notarial deed of this case”).

(B) The Defendant’s claim against C based on the Notarial Deed of this case (hereinafter “instant claim”).

On December 29, 2015, the Defendant received a decision to commence a compulsory auction on real estate (hereinafter “instant auction”) with respect to D Building 101 Dong 406 (hereinafter “instant real estate”) (hereinafter “instant real estate”) from the Changwon District Court’s common support (hereinafter “ common support”) on December 29, 2015

C. On March 2, 2016, the Plaintiff was decided to provisionally seize the instant real estate under the Tong Young-gu 2016 Business Group 4 with C as the debtor.

On April 4, 2016, the Plaintiff filed a lawsuit for divorce, etc. under the Heading Support 2016ddan592 with C as the Defendant.

E. On July 27, 2016, on the date of distribution of the instant auction case, the court drafted a distribution schedule (hereinafter “instant distribution schedule”) that distributes KRW 67,447,892 to the Plaintiff (a person holding the provisional seizure right, a person holding the access to support 2016 business group4) and the Defendant (a person holding the access to support 2016 business group4) in the second order.

F. On the aforementioned date of distribution, the Plaintiff raised an objection to the total amount of distribution to the Defendant, and filed the instant lawsuit on July 29, 2016.

[Reasons for Recognition] Facts without dispute between the parties, entry of Gap evidence 1, 3, and 4, Eul evidence 2-1, 2, Eul evidence 3-5, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s claim of this case is a false claim.

B. The burden of proof as to the grounds for objection against distribution in a lawsuit of demurrer 1 is also in accordance with the principle of distribution of the burden of proof in general civil procedure. Therefore, in a case where the Plaintiff asserts that the Defendant’s claim has not been constituted, the fact