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

A. B is the real estate of this case (hereinafter referred to as the "real estate of this case") between the defendant who is his relative on September 3, 2009 and the defendant who is his relative.

In relation to the Chuncheon District Court's receipt of the two-gu registry offices, the maximum debt amount of KRW 120,000,000,000,000,000,000, and the debtor B and C with the mortgagee was completed.

B. On March 26, 2010, the Plaintiff received a decision on provisional seizure of real estate with the claim amounting to KRW 207,946,945 from the Chuncheon District Court 2010dan608 on March 26, 2010, and completed the registration of provisional seizure as 1576 on March 29, 201.

C. The two-gu Agricultural Cooperatives filed an application for voluntary auction of real estate with the Chuncheon District Court D on August 12, 2010, based on the right to collateral security (the maximum debt amount of KRW 56 million) established on December 1, 1994 with respect to the instant real estate, and continued the auction procedure regarding the said real estate.

After April 11, 2011, the two-gu Agricultural Cooperatives received dividends of KRW 56,00,000 out of the dividend amount of KRW 77,698,851 as a first collateral mortgagee with respect to the instant real estate, on the date of distribution of the said auction case of the said real estate held on April 11, 201, and the Defendant was the second collateral mortgagee of KRW 21,698,851, as the second collateral mortgagee of the instant real estate.

A) received dividends (the fact that there is no dispute over the grounds for recognition, Gap evidence 5, Gap evidence 6-1, 6-6, the purport of the whole pleadings, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted by the parties concerned does not bear the secured obligation against the defendant. However, although Eul did not assume the secured obligation of this case, the defendant set up a false collateral on the real estate of this case and the defendant received 21,698,851 won from the date of distribution of the voluntary auction procedure with respect to the real estate of this case. Thus, the defendant obtained a benefit of the amount equivalent to the above dividends without any legal ground, and suffered a loss equivalent to the amount equivalent to the above amount to the plaintiff, and thus, the plaintiff is obligated to return the above amount to