1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Facts of recognition

On May 18, 2007, the Defendant sold from the Selection-gu, Sungnam-gu, Sungnam-gu (hereinafter “instant lending”) Do lending E (hereinafter “instant lending”), and completed the registration of ownership transfer on May 23, 2007 to the Selection.

On May 23, 2007, the Designating Party borrowed KRW 146,00,00 from the F Cooperative as security and then received KRW 145,790,090 from the G account of the staff of the law office after deducting the expenses. On the same day, the Designating Party remitted KRW 115,00,000 out of the said money to the Defendant from the said account.

As to the loan of this case, the registration of creation of a mortgage was completed on the same day by the debtor, the mortgagee of the right to collateral security, the FF association, the maximum debt amount of 189,800,000.

On June 1, 2007, the Plaintiff, as his father, entered into a joint investment agreement with the Defendant’s father, with the content that: (a) the Appointor and the Defendant’s side jointly invest each of KRW 115,000,000 in 115,000; and (b) each of them receive 1/2 of the profits.

(hereinafter “instant agreement”). At the time of the said agreement, the Plaintiff concurrently assumed the selected’s obligation.

on January 29, 2010, Sungnam-si acquired the instant loan by consultation, and paid 170,100,000 won to the Selection on March 24, 2010 as compensation.

On December 10, 2010, the Defendant filed a lawsuit seeking payment of the remainder of KRW 60,050,000 of the compensation for expropriation, excluding the remainder of KRW 25,000,000,000, which had already been paid in accordance with the instant agreement, with the Plaintiff and the designated parties (U.S. District Court 2010No23633), and the damages for delay (wholly winning all the case on December 29, 201).

(hereinafter referred to as "the title of this case"). The plaintiff and the designated person appealed, but on November 1, 2012, the above appeal was dismissed, and became final and conclusive around that time.

[Recognizing the facts] without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1 through 6, and the plaintiff's assertion to the purport of the whole pleadings, the defendant sold the loan of this case to the designated person on May 18, 2007 at KRW 255,00,000, and at the time of contract from the designated person.