(영문) 창원지방법원진주지원 2016.01.08 2015가단5947

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(영문) 창원지방법원진주지원 2016.01.08 2015가단5947

배당이의

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1. The plaintiff's claim is dismissed.

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

Reasons

1. On June 15, 2015, in the case of a compulsory auction by official auction for real estate B located in Jinwon District Court, Jinwon District Court, Jinwon District Court, the same assistance was prepared on June 15, 2015, a distribution schedule (hereinafter referred to as “instant distribution schedule”) stating that the Defendant, the mortgagee of the right to collateral security regarding the real estate indicated in the attached Table (hereinafter “the instant loan”), who is the right to collateral security regarding D’s claim amounting to KRW 152,424,334 (referred to as 4th, 35.88%) and the amount claimed as KRW 9,569,437 (referred to as 4th, 32.81%) distributed dividends to the Plaintiff, who is the right to collateral security regarding D’s total amount of dividends.

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. On the grounds delineated below by the Plaintiff, the instant distribution schedule should be revised as stated in the purport of the claim.

The right to collateral security (hereinafter “instant right to collateral security”) under the name of the defendant is based on a false claim.

B. The instant mortgage contract concluded between the Defendant and D is a fraudulent act committed with the aim of undermining the rights of other creditors, including the Plaintiff.

C. On April 22, 2015, the Defendant cancelled the registration of the establishment of the neighboring E (hereinafter “BF”) which is the site of the instant brigade, and thus, it should be deemed that the Defendant’s claim against G was extinguished or extinguished on April 22, 2015.

3. Determination

A. The plaintiff's status

2. The burden of proving the grounds for objection to a distribution in a lawsuit of demurrer against distribution also complies with the principle of allocation of the burden of proof in general civil procedure. In the event that the plaintiff asserts that the defendant's claim has not been constituted, the defendant is liable to prove the facts of the cause of the claim, and where the plaintiff asserts that the claim is null and void as a false declaration or extinguished by repayment, the plaintiff is liable to prove the facts

Supreme Court Decision 201No. 12. 7. 12.

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