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(영문) 부산고등법원(창원) 2015.09.17 2014나4166
배당이의
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning for the court’s explanation concerning this part of the underlying facts is the same as that of “1. Basic Facts” among the grounds for the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Summary of the parties' arguments

A. Defendant H is the representative of N (hereinafter “non-party company”) and Defendant I and K are the relatives of O, and Defendant J is the relatives of O. Although the Defendants did not lend money to the non-party company, the above notarial deed is null and void, since the notarial deed of this case was prepared based on the most false claim although they did not lend money to the non-party company, the above notarial deed is null and void. The notarial deed of this case where the amount stated in the notarial deed of this case is the claim amount. The notarial deed of this case is null and void, and the amount of dividend against the Defendants should be distributed to the plaintiffs, the genuine creditor

B. The defendants actually lent money to the non-party company, and prepared the notarial deed of this case based on each of the above loan claims. Thus, the notarial deed of this case and the seizure collection order of this case, all of which are prepared based on each of the above loan claims, are valid, and there is no error of law in the distribution schedule prepared in the distribution procedure of this case (hereinafter "distribution schedule of this case").

3. Determination

A. The burden of proving the grounds for objection to a distribution also complies with the principle of allocation of the burden of proof of general civil procedure. Thus, in a case where the plaintiff claims that the defendant's claim was not constituted, the defendant is liable to prove the facts of the cause of the claim, and in a case where the plaintiff claims that the claim was invalidated as a false declaration of agreement or extinguished by repayment, the plaintiff is liable to prove the facts constituting the grounds for disability or extinguishment (see Supreme Court Decision 2005Da39617, Jul. 12, 2007). However, the defendant's assertion as to the establishment of the claim

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