1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On the basis of the executory decision of performance recommendation for the Seoul Central District Court 2003 Ghana 1167100 (hereinafter “instant real estate”), the Plaintiff filed an application for a compulsory auction for real estate auction with the Cheongju District Court Cheongcheon-si Branch E on August 28, 2013, with respect to the pertinent real estate owned by Cheongju District Court 96m2 (hereinafter “instant real estate”).

B. Meanwhile, the Defendant asserted that C lent KRW 30,000,000 to February 10, 2012, and filed an application for provisional attachment with the Cheongju District Court for the instant real estate, and completed the provisional attachment registration of KRW 30,000,000 as the claim amount under Article 22457 of the above court’s receipt of provisional attachment order on September 10, 2013.

In addition, the Defendant applied for the payment order against C as the Cheongju District Court Branch No. 2013 tea704, and C received the payment order to the Defendant to pay KRW 30,000,000 and delay damages therefor, and the above payment order became final and conclusive as it is.

C. A court of execution opened a date of distribution on June 23, 2014, and prepared a distribution schedule to distribute the amount of KRW 4,965,910 to the Plaintiff, and KRW 12,157,178 to the Defendant, respectively, and the Plaintiff raised an objection against KRW 7,288,358 out of the Defendant’s amount of distribution.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 4 (including paper numbers), the purport of the whole pleadings

2. Determination:

A. The Plaintiff’s claim against C does not exist, and even if it is not a domestic affairs, the above claim is invalid as it constitutes a false declaration of agreement. As such, part of the dividend amount against the Defendant should be deleted, and the dividend amount should be distributed to the Plaintiff.

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 in accordance with the principle of distribution of the burden of proof in general civil procedure, so the Plaintiff asserts that the Defendant’s claim did not exist.