1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On January 24, 2015, B leased a building listed in attached Form C (hereinafter “instant building”) from January 24, 2015 in a deposit amount of KRW 80,000.

B. On October 5, 2016, the Defendant, the wife B, entered into a sales contract with C to purchase the instant building from KRW 116,00,000 (in lieu of a partial payment of purchase price of KRW 80,000), and completed the registration of ownership transfer as to the instant building on November 2, 2016.

C. D entered into a sales contract with the Defendant to purchase the instant building on January 25, 2017, and completed the registration of ownership transfer on February 20, 2017, and leased the instant building to B in a deposit amount of KRW 80,000 on the same day.

【Ground for Recognition: Facts without dispute, A.9, 10 Evidence, No. 8, the purpose of the entire pleadings】

2. The gist of the Plaintiff’s assertion is the cause of the instant claim. The Defendant, while purchasing the instant building from C, received a claim for the refund of deposit amount of KRW 80 million from B and substituted for the payment of the purchase price. Since B was in excess of the obligation at the time of transfer, the Plaintiff, as a creditor of B, cancelled the said contract for the transfer and takeover of claim as a fraudulent act and sought compensation for the amount of KRW 80 million against the Defendant as restitution

3. Determination

A. The evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant and B entered into the credit acquisition agreement, and there is no other evidence to acknowledge it, and instead, B had a claim for the refund of deposit amount of KRW 80,000 against C. However, since the Defendant was used as the sales price at the time of the purchase of the instant building, the Defendant sold the instant building to D, and thereafter, the Defendant leased the instant building to D, and the Defendant was entitled to the claim for the refund of deposit amount of KRW 80,000 to B. In light of the above circumstances, as seen earlier, the Defendant and B were alleged as the Plaintiff.