1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On July 24, 1996, Dongnam Bank Co., Ltd. (hereinafter “Dongnam Bank”) leased 61.82 square meters (hereinafter “the instant real property”) of the 2nd floor of the 2nd floor of the 2nd floor of the 3rd building in Geumcheon-gu, Busan (hereinafter “the instant real property”) as the lease term of KRW 2 years, the lease deposit of KRW 40 million (hereinafter “the instant lease contract”), and had the Defendant, his employee, reside in the instant real property.

B. On August 27, 2001, Dongnam Bank requested the Defendant to order the real estate of this case as the bankruptcy procedure was in progress in around 1998, but the Defendant failed to comply therewith, the bankruptcy trustee D and the Korea Deposit Insurance Corporation against the Defendant on August 27, 2001 filed a lawsuit against the Defendant seeking damages due to the delay in the name of the real estate of this case under Busan District Court Decision 2001No76539, Busan District Court Decision 2001.

C. The above court rendered a judgment on November 28, 2001 that "the defendant ordered the bankruptcy trustee D and the Korea Deposit Insurance Corporation of the bankrupt bank to order the real estate of this case, and to pay the amount calculated by the rate of 12.5% per annum from October 29, 1999 to the completion date of the above order" pursuant to Article 150 of the Civil Procedure Act. The above judgment became final and conclusive on January 11, 2002.

(hereinafter referred to as “instant judgment”). [Ground of recognition] The fact that there is no dispute, Gap evidence Nos. 1, 7, and Eul evidence No. 1 (including paper numbers), and the purport of the whole pleadings.

2. The plaintiff asserted and determined on July 23, 2004, when he acquired the claim for the principal and interest of the judgment of this case from the bankruptcy trustee of the South East Bank, the plaintiff sought 5 million won (=40 million won x 12.5% per annum x 12.5% per annum x 1 year) from November 16, 2006 among the principal and interest of the judgment of this case against the defendant.

On the sole basis of the evidence Nos. 2 and 3, there was a transfer contract between the plaintiff and the bankruptcy trustee in the bank of the bankrupt bank and the bankrupt bank of the case.