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(영문) 울산지방법원 2019.10.30 2019가단7081
배당이의
Text

1. From among the distribution schedule prepared by the said court on June 10, 2019 in the distribution procedure of Ulsan District Court C, the amount of dividends to the defendant is eight.

Reasons

1. Basic facts

A. On August 19, 2016, the Plaintiff filed an application with the Ulsan District Court for a collection order of the claim amounting to KRW 200 million based on the executory exemplification of notarial deed No. 821 with respect to D’s notarial deed No. 821, the Plaintiff filed an application with D for a seizure and collection order of the claim against D’s 3 obligor F corporation, and received a seizure and collection order of the claim on August 23, 201.

(B) On November 12, 2010, the Ulsan District Court 2010 tea5929 (hereinafter “an order for payment”) issued by the Defendant the order for the seizure and collection of the claim amounting to KRW 817,524,903 at the Ulsan District Court on June 15, 2017 (hereinafter “an order for the seizure and collection”) based on the executory order for the loan cases related to D (hereinafter “an order for payment”) from the Ulsan District Court on November 12, 2010.

C. On June 10, 2019, the Ulsan District Court prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content of distributing KRW 8,843,058 to the Defendant (the collection authority) (the collection authority), who is the person holding the right to collect, in the first order, at the same court C distribution procedure (hereinafter “instant distribution procedure”) commenced with the deposit of FF Co., Ltd. (Ulsan District Court 2019Hun-1412) (hereinafter “instant distribution procedure”).

On June 10, 2019, the Plaintiff appeared on the date of distribution of the distribution procedure of this case, and raised an objection to the total amount of dividends to the Defendant, and filed a lawsuit of demurrer against distribution of this case on the same day.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 4, and 5, and the purport of the whole pleadings

2. The assertion and 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 has not been constituted, the defendant is liable to prove

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