1. A distribution schedule prepared on March 9, 2018 by the above court with respect to the auction case of the real estate deposit C with the Incheon District Court Branch Division C.

1. Basic facts

A. On July 9, 2009, the Defendant: (a) filed a provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on July 9, 2009 on the ground of the promise to sell and purchase the pertinent real estate, which was located in D’s vice-City E-do, Non-Party 2 (hereinafter “instant real estate”); and (b) the Defendant filed a provisional registration of the right to claim ownership transfer (hereinafter “instant provisional registration”).

B. On January 28, 201, the Plaintiff completed the establishment registration of a mortgage of KRW 45 million with respect to the instant real estate.

C. On March 9, 2018, in the auction case of a real estate auction conducted to Busan District Court Branch C with respect to the instant real estate, the said court prepared a distribution schedule that distributes each of the KRW 40 million to the Defendant as a person with the right to a provisional registration of security, and the Plaintiff as a person with the right to a collateral security (hereinafter “instant distribution schedule”). D.

On March 9, 2018, the Plaintiff appeared on the date of distribution of the said real estate auction case, and raised an objection against the total amount of the Defendant’s dividends, and filed the instant lawsuit on March 14, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 6, the purport of the whole pleadings

2. In the first place of the Plaintiff’s assertion, there is no loan claim against D by the Defendant, which is secured by the provisional registration of this case, and even if such loan claim exists, the pertinent claim has been extinguished in its preliminary course by repayment, and thus, the instant distribution schedule prepared under the premise that the Defendant is a valid provisional registration authority is unreasonable.

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 claim of the defendant has not been constituted, the defendant is liable to prove the fact of the

(see, e.g., Supreme Court Decision 2005Da39617, Jul. 12, 2007). The Defendant has a total of KRW 53 million loan claim against D, and the instant provisional registration is secured.