1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On January 5, 2010, the Plaintiff: (a) entered into a new construction contract with the owner C and the construction period from January 15, 2010 to August 30, 2010; and (b) completed construction works with five storys with construction cost of KRW 1,694,00,000 on the land owned by C (hereinafter “instant land”); (c) on May 5, 2010, the construction was suspended from the construction project to the third storys of the entire five stories (hereinafter “instant building”).

B. On the instant land, the order to commence the auction of real estate was issued upon the application of the Seocho Central Credit Cooperatives, and E received the successful bid in the auction procedure and acquired the ownership of the instant land.

After that, the Defendants purchased the instant land from E and acquired ownership of 1/2 shares of each of them.

[Ground for recognition] Unsatisfy

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion Defendants are liable to return unjust enrichment of KRW 640,00,00 to C, the owner of the instant building, as they completed the construction of the instant building, which had been temporarily interrupted. The Plaintiff, as the obligee of C, bears the duty to return unjust enrichment of KRW 640,00. In order to preserve the Plaintiff’s claim against C, the Plaintiff is acting in subrogation of C’s claim against the Defendants

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 640,000,000 and damages for delay.

B. The obligee’s subrogation right should be premised on the fact that the obligee is entitled to exercise the obligee’s right to exercise the obligee’s right in order to preserve his/her claim, and where the obligee’s right to exercise the obligee’s right to exercise the obligee’s right to exercise the obligee’s right to exercise the obligee’s right to the third obligor in the obligee’s subrogation lawsuit is not recognized, the obligee himself/herself becomes the Plaintiff and the obligee’s right

Supreme Court Decision 208. 28.28.