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(영문) 의정부지방법원 2018.12.05 2018나2715
배당이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for any addition or modification as follows, and thus, it is acceptable to accept it as it is by the main sentence of Article 420

After the fourth fourth decision of the court of first instance, the following contents are added as follows: “The burden of proof of the grounds for objection to a distribution also complies with the principle of allocation of the burden of proof in general civil litigation. Therefore, in the event that the plaintiff claims that the defendant did not establish a claim, the defendant is responsible to prove the fact of the cause of the claim, and where the plaintiff claims that the claim was invalid as a false declaration or extinguished by repayment, the plaintiff is liable to prove the facts constituting the grounds for disability or extinguishment, but it is reasonable to consider such circumstances in determining whether the defendant's assertion and evidence regarding the establishment of the claim are false claims in case where it is difficult to believe that the contents of the claim are in violation of logical and empirical rules (see, e.g., Supreme Court Decision 2013Da37555, Sept. 13, 2013). 4, 14, 200, “K,” and 5, 5, 195, 2, 5, 2, 5, 195, 1, 5, 1, 5, 1, 5, 1, 5, 1, 1,2,2, 1. of the building.

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