1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On April 9, 2004, the Defendant leased (hereinafter “instant lease agreement”) the amount of KRW 58 million as security deposit, and the period from April 19, 2004 to 24 months, to C on April 9, 2004, as the wife population D and 301 as the Defendant owned (hereinafter “instant lease agreement”).

B. On January 21, 2008, the Plaintiff received a joint and several guarantee from E and lent KRW 30 million to C. As security, the Plaintiff was assigned a claim for refund of deposit under the instant lease agreement.

C. On January 22, 2008, the Plaintiff received delegation from C and notified the Defendant of the assignment of the above assignment by means of content-certified mail.

1. 23. At the domicile, the group entered and received the name of the defendant.

The Defendant and C agreed to terminate the instant lease agreement on April 2008 as a matter of increase of deposit, and as of July 18, 2008, the Defendant set the said No. 301 to the new lessee F during the period from August 30, 2008 to August 29, 2010.

E. Meanwhile, around September 28, 1989, the defendant has continuously resided in the same domicile after moving into the second floor of the multi-family house composed of 6 households on the ground of the Jung-gu Seoul Special Metropolitan City G in Seongbuk-gu and has been delivered to the same domicile.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, and 1, 2]

2. Determination as to the cause of claim

A. The plaintiff asserts that the notice of assignment of claims reached the defendant's domicile, and that the deposit should be paid to the plaintiff as long as the contract of this case was terminated and the subject matter is ordered.

On August 30, 2008, the Defendant received the deposit from F and returned the full amount of KRW 58 million to C. The Defendant did not hear or have been contacted until this time, and did not receive any notification of lawful assignment of claims, and there is doubt as to whether the Plaintiff has a loan claim against C.