1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 19, 2006, Nonparty C purchased 590 square meters (hereinafter “instant land”) prior to the Gyeonggi-gu Gyeonggi-do D on December 19, 2006, and completed the registration of ownership transfer on December 21, 2006.

C obtained a loan from the National Agricultural Cooperative Federation (hereinafter “CF”), and completed on December 21, 2006, the registration of creation of a neighboring mortgage (hereinafter “mortgage”) with respect to the instant land, which is the maximum debt amount of KRW 76.8 million, the debtor C, and the mortgagee of the said land.

B. On March 16, 2007, the Plaintiff promised to purchase the instant land from C from March 16, 2007, and completed provisional registration of the right to claim ownership transfer registration on March 19, 2007. On March 15, 2007, the Plaintiff transferred the said purchase price of KRW 100 million to the Defendant’s account in a person in de facto marital relationship E and de facto marital relationship.

C. On April 29, 2013, the Plaintiff filed a lawsuit against Suwon District Court Decision 2013Kadan5802 against C seeking the principal registration of the instant land based on the purchase and sale reservation. On January 8, 2014, the said court rendered a favorable judgment that “C shall implement the registration procedure for transfer of ownership based on the purchase and sale reservation as of May 9, 2013 based on the above provisional registration with respect to the instant land” and the said judgment became final and conclusive around November 7, 2014 (U.S. District Court 2014Na5354) by dismissing the appeal (No. 2014Na5354).

On February 23, 2015, the Plaintiff completed the registration of ownership transfer on the instant land on February 23, 2015. On March 6, 2015, the Plaintiff paid 65,565,807 won to Nonghyup for the secured debt of the instant right to collateral security to cancel the registration of ownership transfer on the same day.

E. Afterwards, the Plaintiff filed a lawsuit seeking restitution of unjust enrichment against C and the Defendant by Seoul Eastern District Court 2014Kadan60737, on behalf of the said mortgagee’s debt, and the said court dismissed the Plaintiff’s claim against the Defendant on September 11, 2015, and C.