1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. Seoul Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”) around 2008 had a credit for a loan to the Identification CC Co., Ltd. (hereinafter “New CC”) and the Identity AC Co., Ltd. (hereinafter “New CCC, etc.”).

In the meantime, during the period of Ansan-dong 898 (hereinafter “instant trust building”) was entrusted to the K non-real estate trust company. The Seoul mutual savings bank has the status of the joint beneficiary and the second beneficiary in the real estate trust with the claim for the above loan to the KNC as the secured claim.

B. Seoul Mutual Savings Bank suffered difficulties in recovering loan claims on the identity CC, etc. on the other hand, on the ground that the sale and public sale of the instant trust building is not smooth due to the lien holder's assertion of rights, identityCC lawsuit, etc., and the said bank was also difficult to exercise preferential rights to benefit related to the instant trust building.

Accordingly, Seoul Mutual Savings Bank transferred the preferential right to benefit (hereinafter “instant preferential right to benefit”) of the Seoul Mutual Savings Bank related to the instant trust building to the Defendant, who had experience in managing the defective field of business, (1) and (2) repay the loan to the Defendant with the bond acquisition price paid by the Defendant. (3) Seoul Mutual Savings Bank agreed to grant the full loan to the Defendant.

C. Accordingly, on September 30, 2008, Seoul Mutual Savings Bank concluded a bond transfer contract with the Defendant stating that “Seoul Mutual Savings Bank transfers the instant preferential right to benefit to the Defendant at KRW 4.5 billion.”

(hereinafter “instant assignment contract”). Furthermore, in relation to the amount of the assignment of claim, the same shall apply.