1. The plaintiff's claim is dismissed.

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

1. Presumption

A. On July 20, 2015, the date of distribution of the procedure for the compulsory auction of real estate C (hereinafter “instant auction procedure”), which was owned by the Plaintiff, Jincheon-si, Jincheon-si, B, 145С and 4 other than that of the Plaintiff, the execution court distributed KRW 187,72,779 to the creditors.

From among creditors, the execution court distributed 100% of the amount of claim or the maximum amount of debt to the mortgagee and the creditor entitled to deliver, 75.29% of the amount of claim or the maximum amount of debt to the creditor entitled to make a provisional attachment on the basis of the execution title.

B. Defendant Samcheon-si Branch received dividends in the amount of KRW 7,133,405 based on the payment order (hereinafter “200 tea2649 order”) in the same city court based on the 4,968,011 won, and the 2000 tea2649 order (hereinafter “200 tea2649 order”) based on the Jincheon-si District Court Decision 2001Gadan10232 decided on performance recommendation (hereinafter “201Gapo-si 10232 decision”).

Defendant K&C received dividends in the amount of KRW 35,24,104 based on the payment order (hereinafter “payment order”) 51,584,145 won and the payment order (hereinafter “2002,5157 payment order”) from the Changwon District Court, based on the same city court Decision 2004Gaso8971 (hereinafter “2004Gaso8971”).

[Ground of recognition] Unsatisfy, Gap evidence 1 (including virtual number), the purport of the whole pleadings

2. The Plaintiff’s claim against the Plaintiff by the Defendants was completely or partially repaid at the time of the request for distribution, and all or part of the claim was extinguished.

The Defendants have the duty to return dividends to the Plaintiff as unjust enrichment, since they received dividends after receiving a demand for distribution based on the extinguished claim.

3. Whether the defendants' unjust enrichment was unjust enrichment

A. Since the completion of extinctive prescription and unjust enrichment by Defendant Samcheon-gu Cooperative received dividends based on a claim extinguished due to the completion of extinctive prescription as follows, the amount equivalent to dividends was unjust enrichment without any legal ground.

(1) Dividends 4,968.