A. On April 24, 2001, C and D completed the registration of ownership transfer with respect to one-half of each of the 1/2 shares of forest E in Gangseo-gun, Gangwon-do (hereinafter “instant land”).

B. As to the instant land, the registration of creation of a collateral security and the registration of provisional seizure was completed as shown below [Attachment 1].

The part that is not at issue in this case is excluded.

The debtor of the type of temporary C 1-mortgage D 1-mortgage 1-mortgage 2-mortgage 1-mortgage 98 million won on December 13, 2010, and KRW D 130 million on February 2, 2012, G Union D 130 million on July 10, 2012, Defendant D 200 million on July 25, 2016, Defendant 200 million provisional attachment of D 4-mortgage 178,569,000 won [Attachment 1]

C. On July 11, 2018, the G Union prepared a distribution schedule with the content of distributing the amount of KRW 406,288,836 to be actually distributed in the case where the G Union applied for voluntary auction with respect to the entire portion of the instant land (Y in Youngcheon District Court Young Branch H, hereinafter “instant auction case”).

[Attachment 2] F. F. F. F. F. F. 75,71,455, which is the basis for distributing the amount to priority creditors: (1) The mortgagee of the 2 G. G. 130 million won; (2) the mortgagee of the 3rd M. D. 100,258,691 who was the mortgagee of the 100,258,690 won

D. On July 3, 2018, the Plaintiff filed a payment order against C with the Incheon District Court 2018 tea15357, and issued a payment order with the purport that “C shall pay the Plaintiff KRW 179,901,000 and its delay damages.” On July 18, 2018, the payment order was finalized on July 18, 2018.

[Reasons for Recognition: Unsatisfy, Entry in Evidence A, Nos. 1, 2, 3 and 4, and the purport of the whole pleadings]

2. The defendant's obligation to return unjust enrichment and its scope

A. Where part of the real estate is owned by an obligor and a part is owned by a person who has pledged his/her property to secure another’s property, when the auction proceeds of each of the above real estate are distributed at the same time, the person who has pledged his/her property to secure another’s property can exercise the security right to the real estate owned by the obligor by subrogation under the provisions of Articles 481 and 482 of the Civil Act.