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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. As to the F apartment 203, 1308, 203, 1308, in Gyeyang-gu, Incheon, Defendant B drafted a contract for the assignment of claims on January 29, 2013, stating that the amount of KRW 78,00,000, out of the claims for the repayment of the deposit for the lease to the lessor E (hereinafter “the lease of this case”) is transferred to Defendant D, and notified E of the fact of the assignment of claims on February 14, 2013 by content-certified mail
B. On January 29, 2013, the Plaintiff: (a) lent KRW 50 million to Defendant D on February 12, 2013; and (b) Defendant D transferred to the Plaintiff the claim for the refund of the instant lease deposit, which was acquired from Defendant B on the same day to secure the said loan.
On April 1, 2013, the Plaintiff received the delegation from Defendant D, notified the fact of the assignment of claims to E by way of content-certified mail.
C. Meanwhile, on February 6, 2013, Defendant B borrowed KRW 25 million from Defendant C who operates a credit business with the name of G, and entered into a contract with Defendant C to transfer the entire amount of claims for the refund of the lease deposit of this case as security (hereinafter “instant contract for the transfer of claims”) between Defendant C and Defendant C on the same day, and Defendant C notified the lessor B of the said fact of the transfer of claims by way of content-proof mail on behalf of Defendant B on the same day, and the said notification was served to E on February 8, 2013.
In November 8, 2013, the lessor deposited and deposited KRW 110 million as the Defendant C, B, Defendant D, and the Plaintiff on the ground of the concurrent seizure on April 17, 2013, etc. by the Incheon District Court Decision No. 20149, the creditor of the instant lease deposit was unknown, or on the ground that the provisional seizure on April 17, 2013 by the Defendant Korea Housing Finance Corporation was concurrent, etc.
E. The Plaintiff filed a lawsuit against Defendant C with Seoul Central District Court No. 2014Kadan528607, and revoked the assignment contract concluded on February 6, 2013 between Defendant C and Defendant B, and the Defendant C deposited with Defendant B as 8149 in the year 2013.