The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Defendant paid KRW 20,713,00 as the deposit for lease when leasing an apartment from the Korea Land and Housing Corporation (the Korea Housing Corporation at the time). Thereafter, on May 26, 2008, upon borrowing KRW 13 million from C bank, entered into a contract with C bank to transfer the claim for the return of the deposit for lease (hereinafter “first transfer contract”) with C bank on June 4, 2008, and reached the Korea Land and Housing Corporation around that time.

B. On February 21, 2012, the Defendant: (a) borrowed KRW 20 million from D Bank; (b) concluded a contract to transfer the claim for the return of the said lease deposit (hereinafter “second transfer contract”); (c) notified the Korea Land and Housing Corporation of the transfer of the claim on February 23, 2012; and (d) reached around that time.

On the other hand, on October 30, 2013, the Plaintiff transferred a loan claim and a deposit refund claim against the Defendant of the D Bank according to the Financial Services Commission’s decision on the transfer of a contract.

(c)

On November 27, 2014, the Defendant filed an application for individual bankruptcy and exemption (the lower part of 2014, 6024, 2014, 6011, 6014) on April 14, 2015, which became final and conclusive upon receipt of exemption decision on June 26, 2015, and the Defendant filed a lawsuit seeking confirmation of exemption (the Incheon District Court 2016Ga group 43819) against the Plaintiff and filed a lawsuit seeking confirmation of exemption (the Incheon District Court 2016Ga group 43819) on January 13, 2017.

(d)

On September 2019, the Defendant repaid the obligation to C Bank, and C Bank sent notice of termination of the first transfer contract to the Korea Land and Housing Corporation on September 18, 2019, and arrived at the Korea Land and Housing Corporation on September 20, 2019.

E. On March 4, 2020, the Korea Land and Housing Corporation deposited KRW 20,713,000 for the Defendant’s obligation to return the lease deposit with the Plaintiff and the Defendant on the ground of creditor uncertainty (hereinafter “instant deposit”).