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(영문) 울산지방법원 2018.05.01 2017가단17541
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion asserts that the Defendant participated in the distribution procedure and received the money stated in the purport of the claim, as if there were claims, in light of the method of delivering the loan to the obligor D and the amount of the loan, the interest for a four-year period, and the cancellation of the provisional registration of the purchase and sale reservation, which is a security, due to the lack of delay. However, even if there was no claim, the Defendant participated in the said distribution procedure and received the money stated in the claim. This asserts that the Defendant’s distribution of the money distributed to the Plaintiff

B. (1) The burden of proving the grounds for objection to a distribution in a lawsuit of demurrer to a distribution is also in accordance with the principle of distribution of the burden of proof in a general civil lawsuit. In the event that the plaintiff claims 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 claims that the claim has become null and void or disappeared due to false declaration as a conspiracy,

(2) In the instant case, even when examining all allegations and evidence submitted by the Plaintiff, it is insufficient to recognize that the Defendant’s claim against D is false or most difficult due to the collusion of claims, or due to performance, etc., and there is no other evidence to acknowledge it otherwise.

Rather, in full view of each statement in the evidence Nos. 1 to 8, it can be confirmed that the Defendant’s claim against D was duly established and existing.

2. The plaintiff's claim is dismissed.

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