1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

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

1. Basic facts

A. On January 19, 2004, the bankrupt of Daejeon High Credit Union filed a claim against B for a loan with the Daejeon District Court 2004Gaso5946, and on January 19, 2004, the above court decided to recommend execution that “B shall pay to the Daejeon High Credit Union the amount of KRW 41,319,648 and the amount of KRW 18,50,000 per annum from January 12, 2004 to the date of full payment.” The above decision was finalized on February 19, 2004.

B. On September 29, 2005, the Plaintiff (the Plaintiff changed the trade name on November 11, 2009 to K&C from the Reorganization Financial Corporation to K&C) received the above claim against the bankrupt on September 29, 2005, and the Daejeon Japan Credit Union notified the bankrupt of the transfer of the claim to B on October 18, 2005.

C. The defendant is the father of B and his wife C.

On June 23, 2011, the Defendant concluded a sales contract with F to purchase the first floor No. 102 of the building 1 in Tae-gu Daejeon E (hereinafter “instant real estate”) owned by the F (hereinafter “instant real estate”) in the amount of KRW 65,00,000, and paid the purchase amount to F, and completed the registration of ownership transfer in the name of the Defendant on July 22, 201.

On July 21, 201, the day prior to the registration of transfer of ownership, transferred KRW 23,000,000 to the account (G) in the name of one bank (G) in the name of H, the wife of H, as the refund of lease deposit. On July 22, 2011, KRW 51,000,000 was withdrawn from the foregoing account and used for the payment of the purchase price for the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 4 and 5, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion included KRW 23,00,000, which was remitted to the account of C on July 21, 201, among the purchase price paid by the Defendant for the instant real estate, and the said KRW 23,00,000, which was created and paid to H, was refunded the lease deposit that was refunded to H. As such, B, the sole property under the status of excess, as the same was refunded.