1. Of the distribution schedule prepared by the said court on June 10, 2014 with respect to distribution procedure C by the Seogu District Court Branch Division C.

1. Basic facts

A. On April 2012, Nonparty D received KRW 80,520,000 from the Plaintiff as the name of investment, etc., and around June 2012, Nonparty D agreed to be liable for the said amount if the said principal is not repaid by July 13, 2012 to the Plaintiff (hereinafter “instant agreement”).

B. As D did not pay the above money in violation of the instant agreement, the Plaintiff filed a lawsuit against D with the Daegu District Court, which sought interest on the loan principal of KRW 80,500,000,00 and interest on delay, and was sentenced to the judgment in favor of the Plaintiff in full.

C. Based on the original judgment with the above executory power, the Plaintiff applied for compulsory execution against D’s corporeal movables as the above court 2014 main text292 on February 26, 2014, based on the amount of KRW 80,50,000 for principal and interest KRW 26,156,986.

On the other hand, the Defendant filed a motion for compulsory execution against D as the above court 2014No. 409 against D’s corporeal movables on the basis of a notarial deed No. 735 of the Money Loan Agreement (No. 735 of July 16, 2012), which was signed by a notary public on the date when the notary public was the law firm, for the proceeds of the sale of the said corporeal movables. Accordingly, the said procedure was

E. During the aforementioned distribution procedure on June 10, 2014, the said court prepared a distribution schedule stating that the Plaintiff, the person having the right to demand a distribution, among KRW 1,514,970, who is a person having the right to demand a distribution, distributes KRW 1,042,930, and the Defendant, the person having the right to demand a distribution, who is a person having the right to demand a distribution, distributes KRW 472,040. The Plaintiff appeared on the said distribution date, made a statement of objection against the Defendant’s amount of distribution, and filed a lawsuit of demurrer to the distribution of the instant case on June 1

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12, purport of the whole pleadings

2. Determination

A. The plaintiff's assertion that the defendant's claim against D was made with false notarial deeds in order to evade the creditor's compulsory execution although there was no real monetary transaction.