A. On December 2012, C borrowed KRW 80,00,000 from the Defendant, and on January 9, 2013, C intended to sell a 3,469 square meters of D forest land owned by the Plaintiff (hereinafter “instant land”) and received a certificate of personal seal impression and a certificate of personal seal from the Plaintiff.

B. On January 10, 2013, in order to provide the instant land as collateral for the foregoing loan obligation, C forged a power of attorney in the Plaintiff’s name using the Plaintiff’s certificate of personal seal impression and a certificate of personal seal impression and delivered it to the Defendant. As to the instant land as to the obligor, Defendant, and the maximum debt amount of KRW 100,000,000 (hereinafter “mortgage”), the registration of creation of a collateral security (hereinafter “mortgage”) was completed.

C. On June 18, 2013, the Defendant applied for voluntary auction of the instant land based on the instant collateral security.

On November 5, 2013, the Plaintiff paid KRW 90,000,000 to the Defendant (hereinafter “instant repayment”) and the Defendant voluntarily withdrawn the said application on the same day.

The registration of the establishment of a neighboring mortgage of this case was cancelled on the grounds of termination on the same day.

[Ground of recognition] Facts without dispute, Gap 2, 4, 7 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff did not borrow money from the Defendant, and the right to collateral security of this case was established by forging the Plaintiff’s power of attorney.

Although the Plaintiff knew that he was not liable to the Defendant, the Plaintiff inevitably performed the instant reimbursement to the Defendant in order to prevent the land from going beyond the auction.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 90,000,000 as unjust enrichment return and delay damages therefor.

B. Defendant 1: (a) provided each of the instant land owned by the Plaintiff as the borrower and each of the instant land as security; and (b) lent KRW 80,000,00 to the Plaintiff via C via C, the said land was leased.