beta
Text
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
Reasons
1. The reasoning of the judgment of the first instance is as follows, except where the plaintiff added "a judgment on the grounds of appeal" as to the assertion that the plaintiff emphasizes in this court, and thus, it is identical to the grounds of the judgment of the first instance. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil
2. Determination on the grounds for appeal
A. The Plaintiff’s assertion is merely remitted KRW 5 million to lessor D as the lease deposit, and the lessor D’s total face value of cashier’s checks received from O, not the nominal owner of the instant lease contract, is merely KRW 110 million.
In light of the above, the defendant is not the genuine tenant who paid the lease deposit of KRW 240 million to the lessor D pursuant to the instant lease agreement, but the most lessee who falsely recorded the amount of the lease deposit in collusion with the lessor D, and thus, the distribution schedule should be revised as stated in the purport of the claim.
B. Determination 1) The burden of proof as to the grounds for objection to a distribution in a lawsuit of demurrer against distribution shall be in accordance with the principle of allocation of the burden of proof in general civil procedure. Thus, in a case where the plaintiff asserts that the defendant's claim has not been constituted, the defendant is liable to prove the fact of the cause of the claim, and in a case where the plaintiff asserts that the claim has been invalidated as a false declaration of conspiracy or extinguished by repayment, the plaintiff is liable to prove the facts constituting the grounds for disability or extinguishment (see Supreme Court Decision 2005Da39617, Jul. 12, 2007). Further, in light of the above legal principles, Gap evidence Nos. 2 and 4, Eul evidence Nos. 1 through 9, 12 through 15, the first instance and the first instance court, K, M, L, and P organizations, the evidence submitted by the plaintiff alone is false in collusion with the lessor D.