The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

1. The reasoning for this part of the underlying facts is as stated in the corresponding part of the judgment of the first instance (from the second to the fourth to the fourth 16 line), except for the dismissal or addition of the following. Therefore, this Court shall accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Of the judgment of the first instance court 2nd 19 lines, “The payment was made,” “E paid KRW 33,550,000 as part of the purchase price on September 1, 2014.”

The 3rd judgment of the first instance court is as follows.

A person shall be appointed.

B. 1) On the other hand, Hary D’s association represented by D (hereinafter “H Educational Association”).

(D) On October 21, 2014, the lease deposit for the 4 and 5th floor of the instant building is KRW 250,000 (no monthly rent) and the lease term is from October 22, 2014 to October 21, 2016 (hereinafter “instant lease contract”).

(2) On December 31, 2015, HH and D, etc. concluded a contract to establish a lease on a deposit basis and a lease basis (hereinafter “instant lease based on a deposit basis”) with the period of lease on a deposit basis and a lease basis, and on March 31, 2016, HHD completed the registration of the establishment of a lease on a deposit basis for the instant building.

[....]

D. On January 5, 2018, prior to the completion period to demand a distribution, HG made a demand for distribution of KRW 250,000,000 on the deposit money return claim based on the right to lease on a deposit basis. On July 27, 2018, HG made a notification to the Defendant of the fact that on August 3, 2018, he/she transferred both the deposit money return claim and right to lease on a deposit basis and right to lease on a deposit basis (hereinafter “instant transfer contract”) to the Defendant, and that he/she transferred the right to lease on a deposit basis to the Defendant during the instant auction procedure by a certificate with a fixed date

The “Evidence No. 44, No. 1, No. 13” is added to the “founded grounds for recognition” of the fourth judgment of the first instance.

2. The assertion and judgment

A. The burden of proof as to the grounds for objection against distribution in a lawsuit of demurrer against distribution is also in accordance with the principle of distribution of the burden of proof in general civil procedure, and thus, the plaintiff is the defendant.