2. The plaintiff's claim against the defendant A is dismissed.

3...

A. The Plaintiff’s assertion 1) The Plaintiff holds a claim for reimbursement against Nonparty C based on a final and conclusive judgment. C on August 13, 2009, for the purpose of evading the creditors’ compulsory execution, including the Plaintiff, the real estate indicated in the separate sheet owned by the Defendant A (hereinafter “instant real estate”).

As to June 30, 2009, the registration of ownership transfer was completed on the ground of sale and purchase on June 30, 2009. This is null and void by a false conspiracy, Defendant A is obligated to return the ownership of the instant real estate to Nonghyup, but the Nonghyup Bank Co., Ltd. (hereinafter “Agricultural Bank”).

(2) Defendant A’s assertion that Defendant A purchased the instant real estate in order to reside together with C in a de facto marital relationship in around 2006, and entrusted the title to C with the purpose of residing together with C in a de facto marital relationship. As such, Defendant A’s obligation to return the ownership of the instant real estate to Defendant A was impossible. As such, Defendant A is obligated to pay the amount equivalent to the market price of the instant real estate at the time of nonperformance due to damages or return of unjust enrichment arising from tort. The Plaintiff claimed that Defendant A purchased the instant real estate in return for compensation or return of unjust enrichment.

B. 1) The relevant legal representative creditor is entitled to exercise the debtor's right on behalf of the debtor in order to preserve the debtor's claim against the debtor. The creditor's right to preserve is closely related to the debtor's right to exercise on behalf of the debtor, and the creditor's right to exercise on behalf of the debtor may not obtain the complete satisfaction of his/her claim unless the creditor exercises on behalf of the debtor's right.