1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. On July 13, 2007, Eiart Co., Ltd. (hereinafter “E”) with respect to the land size of 2,682 square meters and 565 square meters (hereinafter “the instant real estate”) owned by the Plaintiff, the registration of the establishment of a neighboring mortgage was completed on the ground of the “mortgage-mortgage-based contract on July 11, 2007” with the debtor as the Plaintiff and the mortgagee E on July 13, 2007. (B) On October 9, 2009, the registration of the establishment of a neighboring mortgage was completed on the ground of the “mortgage-based transfer of confirmed claim on October 7, 2009.”

C. In the auction procedure to exercise the F security right to the instant real estate, which was commenced on October 27, 2009 upon the Defendant’s request as a mortgagee, the competent District Court rendered the instant real estate as a successful bid, and the ownership transfer registration was completed on April 19, 2010, and the Defendant received dividends in the dividend procedure in KRW 118,580,482.

[Grounds for recognition] The descriptions of evidence Nos. 1-1, 2, 3, and 4-1, 2, 3, and 4, and the purport of the whole pleadings

2. The Plaintiff’s assertion is invalid since the Defendant’s right to collateral security does not exist.

However, the Defendant received dividends of KRW 118,580,482 as a mortgagee in an auction procedure filed on the basis of the foregoing invalid collateral security right.

As a result, the Plaintiff suffered damages from the loss of ownership of the instant real estate, and the Defendant obtained a benefit equivalent to KRW 118,580,482 without any legal ground.

Accordingly, the plaintiff seeks return of unjust enrichment equivalent to the above dividend amount or compensation for damages equivalent to the above dividend amount from the defendant selectively.

3. Determination

A. If the non-existence or extinction of the secured claim is limited to the commencement decision of auction, and the auction procedure is in progress and the decision of permission for sale becomes final and conclusive, this is the procedure and decision of invalidation made based on invalid mortgage, and the purchaser paid in full the sale price.

The ownership of the mortgaged real estate can be acquired.