(영문) 청주지방법원 2017.04.05 2016나3196 | 리걸엔진

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(영문) 청주지방법원 2017.04.05 2016나3196

배당이의

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The auction of the D Real Estate in the Chungcheong District Court D D.

Reasons

1. The reasons why the court should explain this part of the basic facts are as follows. Each "Defendant" of the 2nd, 16th, and 3th, of the 2nd, 2nd, 3rd, 3rd, 2nd, 2nd, 18th to "Defendant B", "Defendant C" of the 20th, to "Defendant C" of the 3rd, and "No. 1, 2nd," and "No. 2nd," and "No. 6th," are as stated in the corresponding part of the judgment of the first instance except for the addition to the following in the 3rd, 3rd, 4th, the first instance court's decision is as stated in the main sentence of Article 420 of the Civil Procedure Act.

E. The first instance court rendered a decision to correct the amount of KRW 0,50,000 to KRW 19,50,000 on the ground that there is no evidence to prove the claim for the return of the lease deposit against the Plaintiff in the distribution schedule prepared by the executing court, and the amount of dividends to the Plaintiff was changed to KRW 19,50,000 among the instant distribution schedule.

2. The summary of the Plaintiff’s assertion is that the Defendant is not the lessee who actually paid and resided the lease deposit for the purpose of residence, but the small-sum lessee who entered into a false lease agreement for the purpose of receiving dividends, and thus, it should be corrected to delete the amount of dividends to the Defendant and distribute the amount additionally to the Plaintiff.

3. Determination

A. The burden of proof 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 defendant's claim has not been constituted, the defendant is liable to prove the cause of the claim, and in a case where the plaintiff claims that the claim was invalid as a false declaration of agreement or extinguished by repayment, the plaintiff is liable to prove the fact that the claim constitutes the cause of disability

참조조문

-민사소송법 제420조

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