1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The defendant is against the plaintiff succeeding intervenor 41,068.

1. Facts of recognition;

A. On August 26, 2002, the Korea Exchange Bank (hereinafter “Korea Exchange Bank”) established and lent the agreed interest rate of KRW 70,000,000 under the name of housing loan to the Defendant at 1% of the agreed interest rate base loan rate, and the agreed interest rate for delay was set and lent at the rate of interest rate per agreed period (hereinafter “instant loan”). In order to secure the instant loan claim, the registration of the establishment of a mortgage on the second floor, 201, Nowon-gu, Seoul Special Metropolitan City, Seoul Special Metropolitan City, which was owned by the Defendant, was completed with respect to the instant loan claim of KRW 91,00,000,000.

(hereinafter “instant collateral security”). B.

The Defendant delayed the payment of interest from February 2004, and on May 28, 2004, the voluntary auction procedure based on the instant right to collateral security (Dacheon District Court Branch C) began, and on June 2, 2005, the Korea Exchange Bank received dividends of KRW 48,029,848.

The Korea Exchange Bank received 9,686,147 won from the Korea Housing Finance Corporation on March 15, 2007 on behalf of the Korea Housing Finance Corporation and received 9,686,147 won on behalf of the Korea Housing Finance Corporation and as of the above date, the principal of the loan in this case is 14,218,085 won, and the principal and interest of the loan in this case is 22,224,270 won.

C. Around December 18, 2008, the instant claim for the loan from the Korea Exchange Bank to the Plaintiff, on October 20, 2010, transferred in sequence to the Plaintiff’s succeeding Intervenor on March 19, 2012, and the Plaintiff’s succeeding Intervenor issued a notice of the assignment of claim to the Defendant on November 20, 2015 upon delegation of the authority to notify the assignment of claim, and the said notice of the assignment of claim reaches the Defendant around that time.

Meanwhile, as of July 8, 2009, the sum of the principal and interest of this case is KRW 41,068,102.

【Fact-finding, Gap’s evidence 1 through 6, Eul’s evidence 3, 4, 14, and 16 (including each number), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant, unless there are special circumstances, has taken over the claim for the loan of this case against the plaintiff succeeding intervenor.