1. The plaintiff's main claim and the independent party's claim are all dismissed.

2. The costs of lawsuit are due to the principal lawsuit.

Basic Facts

A. The Plaintiff’s payment in substitutes to D 1) D (the creditor’s name was D, but D, as there was no dispute as to whether D used the name of E in the credit and obligation, and thus, D and E are collectively referred to as “D.”

) The Plaintiff (before the change of a trade name: Before and after the change of a trade name; hereinafter “Plaintiff”) is not classified before and after the change of a trade name.

(2) On June 15, 2007, the Plaintiff agreed to pay in lieu of the repayment of the debt based on the above notarial deed, the real estate stated in the attached Form (hereinafter “instant apartment”) and the two households of apartment (the apartment complex H-ho and I as the instant apartment complex) in lieu of the repayment of the debt based on the above notarial deed, a notary public had a claim of KRW 887,763,286 on the notarial deed on the loan claim No. 1406, 2007.

Under the above agreement, the Plaintiff decided to transfer the ownership of each of the above apartment units to a person designated by D.

3) On June 18, 2007, according to D’s designation, the Plaintiff completed the registration of ownership transfer for the instant apartment in the name of J (D) with respect to the instant apartment. (B) On November 30, 2007, the Defendant drafted a sales contract with regard to the instant apartment as the seller J, K (Defendant’s wife), the buyer’s price of KRW 270,000,000 (on November 30, 2007, the intermediate payment of KRW 50,000 was immediately paid, the intermediate payment of KRW 114,00,000,000 was paid on November 30, 2007, the balance of KRW 106,000,000 was paid at the time of transfer of ownership).

2) On December 3, 2007, the Defendant transferred KRW 20,000,000, out of the down payment of the instant apartment to the Intervenor’s corporate bank account, and KRW 30,000,000 is delivered to L and is under custody for L for L.C. The Plaintiff’s creditor M& corporation filed a lawsuit against J to the Seoul Central District Court on January 16, 2008 against J on the ground that the instant apartment sales contract between the Plaintiff and J was fraudulent.

(Seoul Central District Court 2008Gahap4662 case). The Seoul Central District Court on September 11, 2009