1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 26, 2016, this Court prepared a distribution schedule with the content that distributes the amount of KRW 8,149,985 to the Defendant, who is the provisional seizure authority, on the date of distribution of the real estate auction case in the court C, E (merger) and F (Dupl) related to the real estate owned by the Plaintiff, including the amount of KRW 235 square meters in Seo-gu, Seocheon-gu, Seocheon-gu.

B. On May 30, 2016, the Plaintiff raised an objection to the entire amount of distribution to the Defendant on the date of the said distribution.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 8 and 9, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion was the contract for the construction of a new site G (hereinafter “instant construction”) on the ground outside Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, and one parcel of land (hereinafter “instant construction”). However, the Defendant was awarded a subcontract for the instant construction from H and did not have any claim against the Plaintiff.

However, I, who worked as the manager at the construction site of this case, received a request from I that “The subcontractor of the construction site of this case entered into a contract with a person who is not the contractor due to the failure of construction cost,” thereby falsely sending the contract form for the construction project of this case by facsimile, and without any different meaning, prepared and sent the contract form for the construction project of this case by facsimile. However, the Defendant provisionally attached the Plaintiff’s real estate by taking over the claims based on the contract form of this case prepared falsely from I.

Therefore, the defendant asserts that it is improper to prepare a distribution schedule with the content of distributing KRW 8,149,985 to the defendant, because the defendant's claims that he received from I are based on the written contract for construction under the false agreement between the plaintiff and I. Therefore, the distribution schedule should be revised like the purport of the claim.

3. Determination

A. The burden of proof as to the grounds for objection against distribution in a lawsuit of demurrer against distribution is also in accordance with the principle of distribution of the burden of proof in general civil procedure, and the Plaintiff’s claim is established.