1. The judgment of the court of first instance is modified as follows.

Of the instant counterclaim, the claim for restitution of unjust enrichment from July 5, 2019.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. C loaned KRW 90,00,000 from the D Association (hereinafter “D”) and completed the registration of the establishment of a mortgage under the name of D Association C with respect to each of the real estate listed in the separate sheet on its own ownership (hereinafter “the instant real estate”). In referring only to the real estate listed in the separate sheet No. 2, the maximum debt amount on April 3, 2007 as KRW 117,00,000,000, and the debtor completed the registration under the name of D Association C.

B. The registration of the establishment of a neighboring mortgage was cancelled on June 30, 2009.

C was loaned KRW 120,00,000 to the maximum amount of debt regarding the instant real estate on the same day, and KRW 100,000,000 from the said bank, after completing the registration of creation of a mortgage in the vicinity of the name of the debtor C in the name of the debtor C.

C extended additional KRW 10,00,000 from the above bank on July 28, 2011, and completed the registration of creation of a mortgage in the name of the debtor C in the name of the debtor C with respect to the instant real estate at KRW 12,00,000.

C. C died on October 21, 2011, and the Plaintiff, Defendant, and F inherited C (hereinafter “the deceased”).

Accordingly, on April 25, 2012, the registration of ownership transfer was completed in the names of the plaintiff, the defendant, and the F. D.

On April 25, 2012, the registration of creation of a neighboring E under the title of E was entirely cancelled, and on the same day, the registration of creation of a neighboring E in the name of the debtor was completed with respect to the instant real estate as KRW 222,00,000 (actual loan 185,000,000).

On June 24, 2016, the registration of creation of a neighboring mortgage was cancelled due to the cancellation on the same date. On June 23, 2016, the Plaintiff borrowed KRW 165,000,000 from the G Union (hereinafter “G Union”) on June 23, 2016. Of the instant real estate, the maximum debt amount regarding F and the Plaintiff’s share was KRW 214,50,000, and the registration of creation of a neighboring mortgage in the name of the G Union that made the obligor the Plaintiff.

E. Death of the deceased.