1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. After the Plaintiff agreed to borrow KRW 300,000,000 from C, on June 21, 2001, the Plaintiff entered into a mortgage agreement with C as to the debtor E (the Plaintiff’s partner) and the maximum debt amount of KRW 500,00,000 with respect to the secured real estate, and completed the registration of the establishment of a neighboring mortgage on June 22, 2001 with C as to the secured real estate.

B. C on June 28, 2001, lent KRW 20 million to the Plaintiff, and the remainder of KRW 280,000,000 did not lend to the Plaintiff.

C. C on April 24, 2007, filed an application for voluntary auction with the Suwon District Court for secured real estate amounting to KRW 1,521,393,972, including the principal of the loan extended with the claim claim amounting to KRW 320,00,000,00, and interest or delay damages thereon, KRW 1,201,393,972.

On April 22, 2008, the above court distributed C, a mortgagee, 269,243,895 won, and 729,650 won, and 54,471,977 won, 230,756,105 won, 230,747 won, 230,756, 160, 749 won, and 145,340, 3440 won, 94, 463,879 won, and 124,34747, to G, a mortgagee, the mortgagee of provisional attachment, and the debtor holding the provisional attachment, in the order of 928,874,30 won, 94,340 won, and 46,63,879 won, and 5th order to G, the debtor holding the provisional attachment.

The Plaintiff filed a complaint against C in fraud, and filed a lawsuit against C by Seoul Central District Court 2008Gahap89892, ordering C to return the amount distributed in excess of the actual amount of the claim as unjust enrichment.

On April 8, 2009, the above court rendered a judgment that “C shall pay to the Plaintiff KRW 218,311,331 and any delay delay damages.”

C An appeal, appeal, and all of the appeals were dismissed, and the judgment of the first instance became final and conclusive on June 24, 2010.

E. C is not more than the promise to sell and purchase each real estate listed in the separate sheet, which is the only property on April 28, 2008, in respect of each real estate listed in the separate sheet (hereinafter “each real estate of this case”).