1. The plaintiff's claim of this case is dismissed.

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

1. Facts of recognition;

A. On February 21, 201, the Plaintiff borrowed KRW 7 million from the Defendant as the interest rate of KRW 1.5% on February 20, 2012 (However, the Plaintiff borrowed KRW 1 million as the interest rate of KRW 2% on February 20, 2012, and thereafter borrowed an additional one million as the interest rate of KRW 1 million.

B. The Plaintiff paid KRW 13,091,00 for lease deposit and leased KRW 13,00 from the Korea Land and Housing Corporation, which was the window C Apartment 104,102, the window of Changwon-si. In order to secure the above loan, the Plaintiff entered into a contract with the Defendant to transfer the above lease deposit claim with the Defendant, and the notary public certified by Law Firm No. 460, 201.

In addition, the defendant delegated the notification authority by the plaintiff to the Korea Land and Housing Corporation on February 22, 201, notified the transfer of the above assignment to the Korea Land and Housing Corporation.

C. After that, the Plaintiff filed an application for bankruptcy and immunity with the Changwon District Court No. 2015Hadan106, 2015Ma106, and the court was granted immunity on August 25, 2015.

The decision to grant immunity was made on September 9, 2015. D.

On June 22, 2015, the Defendant filed a lawsuit with the Plaintiff and the Korea Land and Housing Corporation as co-defendant under the Busan District Court Decision 2015Da45211, which jointly assumed that the Plaintiff did not repay the said borrowed loan (the Plaintiff seeks to deliver the said apartment to the Korea Land and Housing Corporation, and the Korea Land and Housing Corporation seeks to deliver the said apartment to the Plaintiff, and at the same time seeks to return the remaining lease deposit to the Defendant who is the assignee of the claim from the Plaintiff. The Plaintiff and the Korea Land and Housing Corporation did not submit a written response, and the said judgment became final and conclusive as it is.

E. On February 25, 2016, the Defendant applied for compulsory execution against delivery of apartment units and received KRW 13,091,000 from the Korea Land and Housing Corporation.

[Ground of recognition] - without dispute, Gap 1 to 4, 6, 7 evidence, Eul 1, 2, 4 and 5 evidence.