1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 25, 2011, the Defendant (Defendant Intervenor in this case) was sentenced to the judgment of 41 million won per annum from April 21, 2006 to June 29, 2007, and 30% per annum from the next day to the day of full payment. Nonparty D transferred the above loan claims against Defendant Intervenor in this case to the Plaintiff on December 4, 201, and notified the Defendant of the above transfer on the same day.

B. On December 6, 2004, the Defendant’s assistant intervenor entered into the instant claim transfer contract (hereinafter “instant apartment”) with 114 households, 2 apartment houses newly built on the fourth parcel of land, such as Gyeonggi-gun-gun, E, etc., from the Non-Party Fri comprehensive Construction Co., Ltd. (hereinafter “instant apartment”).

(2) The Defendant Intervenor deposited KRW 300 million and KRW 670 million, respectively, as the cancellation deposit for each of the above provisional dispositions, on the premise that the above purchase contract was a fraudulent act under the premise that the above purchase contract was a fraudulent act. (2) The Defendant Intervenor deposited KRW 300 million and KRW 670 million as the cancellation deposit for each of the above provisional dispositions, as indicated in the separate sheet on August 31, 2010, under the premise that the above purchase contract was a fraudulent act.

3) On October 28, 2010, the Defendant Intervenor transferred to the Defendant the right to claim for recovery of deposited money indicated in the separate sheet arising from each of the above deposits (hereinafter “instant contract for assignment of claims”).

(1) The notice was given to the Republic of Korea on the same day, and around that time, the above notice was delivered. 【Ground for Recognition】 The fact that there was no dispute, Gap 1, 2, and 3, Eul 4, and 5 (including each number);