1. The instant lawsuit shall be dismissed.

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

1. According to each of the statements and arguments stated in Gap evidence Nos. 1 through 6, based on the facts: (a) around February 27, 2019, the plaintiff lent 27 million won to the defendant at an annual interest rate of 15.5% per annum and 18.5% per annum; (b) around February 1, 2019, the defendant transferred the lease deposit amount of 27,06,000 won; and (c) from the Korea Land and Housing Corporation until February 1, 2019 to January 31, 2021, the period of lease of real estate stated in the attached list (hereinafter referred to as "the lease of this case") from the Korea Land and Housing Corporation (hereinafter referred to as "the lease of this case"); and (d) on February 26, 2019, the defendant transferred the lease contract of this case to the plaintiff or the plaintiff who was designated as the repayment period of the loan of this case to secure the above loan obligations to the plaintiff; and (d) the defendant can immediately transfer the loan of this case within the date.

2. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

The Plaintiff, as a creditor who acquired the claim for the refund of the instant deposit from the Defendant, shall exercise by subrogation the Korea Land and Housing Corporation’s right to claim the delivery of the instant real estate held by the Korea Land and Housing Corporation under the instant lease agreement in order to preserve the claim for the refund

However, the obligee's subrogation right stipulated in Article 404 of the Civil Code does not come to the due date for the obligee's right to be preserved by subrogation.