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1. The original branch of the Chuncheon District Court with respect to the Chuncheon District Court C real estate auction case.
Reasons
Basic Facts
A. On July 25, 2006, the Plaintiff lent D KRW 70,000,000 to D, and on July 26, 2006, in order to secure the above loan claims, the Plaintiff was granted a right to collateral security of KRW 70,00,000 for an apartment as indicated in the attached list owned by E from E (hereinafter “instant apartment”).
B. In the case of the original real estate auction in Chuncheon District Court, which commenced upon the Plaintiff’s request, the distribution schedule was formulated, stating that the Defendant, who is the second mortgagee, distributes KRW 47,482,290 to the Defendant, the third mortgagee, KRW 38,448,015, KRW 35,000, and KRW 47,482,290 (hereinafter “instant distribution schedule”) to the Defendant, the third mortgagee, the third mortgagee, was distributed to the Plaintiff.
C. On May 17, 2018, the Plaintiff appeared on the date of distribution of the said real estate auction case, and stated that there was an objection against KRW 22,517,710 among the amount distributed by the Defendant pursuant to the instant distribution schedule, and filed the instant lawsuit on May 23, 2018, within one week thereafter.
[Ground of recognition] Fact that there is no dispute, Gap evidence Nos. 1 through 3, and the purport of the whole argument of the plaintiff as to the apartment of this case does not exist the defendant's second priority collateral obligation.
Therefore, the dividend amount of KRW 35,00,000 against the defendant in the instant distribution schedule is KRW 12,482,290 ( KRW 35,00,000 - KRW 22,517,710), and the dividend amount of KRW 47,482,290 against the plaintiff is 70,00,000 (=47,482,290 + + KRW 22,517,710) respectively.
Judgment
A. The burden of proof as to the grounds for objection against distribution in a lawsuit of demurrer against distribution is 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 claim of the defendant was not constituted, the defendant
(See Supreme Court Decision 2005Da39617 Decided July 12, 2007, etc.). B.
The defendant is between the defendant, F, and G from 2003 to 2004.