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. Facts of recognition;

A. On April 19, 2012, the Plaintiff entered into an agreement with the Defendant on the assignment of claims (hereinafter referred to as “instant agreement on the assignment of claims”) with the purport to purchase the secured claim of KRW 35 million, set forth on three collateral security (the maximum bond amount of KRW 60 million) established on the 595 square meters (the public wound area shall be 595 square meters, but the actual area shall be 170 square meters; hereinafter referred to as “instant land”). On the other hand, the Plaintiff entered into a contract on the assignment of claims (hereinafter referred to as “instant agreement on the assignment of claims”) with the Defendant to purchase the secured claim of KRW 35 million from the Defendant, which is set forth on the first collateral security (the first collateral security).

B. On April 20, 2012, the Plaintiff paid the Defendant the full amount of the transfer price of KRW 35 million on the date of the instant assignment of claims, and was transferred by the Defendant on April 20, 2012 on the following day.

C. Since then, the instant land was sold at KRW 43,500,000, and the amount to be actually distributed on the date of distribution implemented on November 12, 2014 was KRW 67,401,282, including the former auction deposit amount of KRW 24,580,200, and the sales proceeds interest of KRW 200. Of them, KRW 42,000,000 was distributed to the Plaintiff, each of which was the first-class creditor of the first-class collective security (the highest claim amount of KRW 42,00,000), and the remainder of KRW 25,401,282 was paid to the Plaintiff, who was the first-class creditor of the second-class collective security (the highest claim amount of KRW 60,00,000 (the principal amount of KRW 40,000,0000).

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 4, 5, 15, 16 evidence (including branch numbers), Eul 1 evidence, and the purport of the whole pleadings

2. Plaintiff’s assertion and judgment thereon

A. The gist of the Plaintiff’s assertion (1) was that the Plaintiff received dividends of KRW 25,401,282 in a voluntary auction procedure with respect to the instant land, thereby incurring damages from KRW 9,598,718 (i.e., the acquisition price of the instant claim 35,00,000 - the dividend amount 25,401,282).

(2) The instant transfer contract was concluded on the premise that the area of the instant land is 595 square meters, which is the area registered in the public account, but the instant transfer contract was concluded.