2. Determination as to the cause of claim

A. The plaintiff's assertion in the auction procedure of this case is the person having prior priority over the defendant. Of the 117,504,790 won distributed by the defendant according to the judgment in favor of the National Bank of this case, only the amount of the plaintiff's claim 65 million won out of the 117,504,790 won, the defendant has a duty to return it to the

B. In a case where a creditor who is liable to receive a distribution has received a distribution without receiving the distribution, and a person who is unable to receive the distribution has received the distribution, the creditor who has not received the distribution has the right to claim the return of unjust enrichment against the person who received the distribution, regardless of whether he raised an objection to the distribution, and the creditor who received the distribution in excess of the amount he has received the distribution, has the obligation to return the excess amount as unjust enrichment to other creditors who have lawfully received the distribution, even though he did not receive the distribution.

(2) The Supreme Court Decision 201Da60421 Decided December 26, 2012 (see, e.g., Supreme Court Decision 2011Da60421, Dec. 26, 2012). (2) The judgment on a lawsuit of demurrer against distribution has nothing to resolve relatively among the opposing parties, and its effect is only limited to the parties to the said lawsuit. As such, even in a case where a certain creditor has received a distribution in accordance with the distribution schedule revised by the final and conclusive judgment in favor of the parties to the lawsuit of demurrer against distribution, if the said distribution is not a person who has been rendered a final and conclusive judgment against the lawsuit of demurrer against distribution,