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(영문) 의정부지방법원 2018.02.07 2017가단127906
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On April 6, 2017, the Plaintiff filed an application for compulsory execution on the real estate owned by Jinnam District Court 2016Gahap109 with the Suwon District Court D, and the Plaintiff, the applicant creditor of provisional attachment, as the creditor of the above auction procedure, distributed the amount of claim KRW 12,597,898 out of the amount of claim 306,724,523 out of the amount of claim 306,724,523, 112,597,898, the amount of claim against the Defendant B, the creditor of provisional attachment, KRW 39,736,778 out of the amount of claim 108,245,753, the amount of claim 108,736,778, and the amount of claim 136,233,789, the amount of claim 50,011,124 won to the Defendant C, the provisional attachment creditor.

B. The Plaintiff appeared on the aforementioned date of distribution and raised an objection against the Defendants as to the entire amount of distribution.

[Grounds for recognition] Each entry in Gap 1 or 3, and the purport of the whole pleadings

2. The parties' assertion

A. Loans to Plaintiff E are not established, or are by means of false representation in collusion or false representation in collusion.

B. Since the Defendants received a loan certificate from Defendant E after lending money several times, there is a loan claim, which is the preserved claim of the above provisional seizure.

3. Determination

A. The burden of proof in a lawsuit of demurrer against distribution is in accordance with the principle of allocation of 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 has become null and void as a false declaration of agreement or has become extinct by repayment, the plaintiff is liable

(See Supreme Court Decision 2005Da39617 Decided July 12, 2007, etc.). B.

Comprehensively taking into account whether the Defendants’ claim for loans was established or not, and the purport of the entire pleadings, the Defendant B shall have the husband of E or E in the name of his or her husband F at the request of E from June 2, 2005 to March 18, 201.

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