1. The plaintiff's claim is dismissed.

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

1. Facts that there exists no dispute with each other;

A. On December 23, 2010, the Defendant completed the registration of creation of a right to collateral security with the obligor C and the maximum debt amount of KRW 80,000,000 with respect to 101 movement to the Cheongyang-gun, Chungcheongnam-gun, Chungcheongnam-gun, which was owned by C.

B. After that, the Daejeon District Court’s official branch E and F (Dual) auction procedure for the said real estate, the Defendant, the mortgagee of the said real estate, submitted a claim statement stating the amount of KRW 72,000,000, interest of KRW 15,031,232, the sum of KRW 87,031,232, and the amount of KRW 80,000,000 to the Defendant on January 23, 2013.

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff lent KRW 50,000,000 to C.

On January 12, 2012, the Plaintiff received a provisional attachment order with regard to the pertinent real estate from the above court 201Kadan999, and completed the execution, and thereafter, applied for a payment order with regard to the said loan and the payment order became final and conclusive.

Although the defendant only has a claim for 40,000,000 won and interest rate of 9% per annum against C, it was falsely submitted the above claim statement and received dividends of 80,000,000 won.

Therefore, 32,484,384 won calculated by deducting 47,515,616 won that should be actually distributed to the Defendant from 80,000,000 won distributed to the Defendant should be distributed to the Plaintiff. Therefore, the Defendant is obligated to return this amount to the Plaintiff as unjust enrichment.

B. Comprehensively taking account of the purport of the entire arguments in the statement in B-1 through 6, the Defendant and C were living in one village and engaged in money transactions several times. The Defendant loaned KRW 60 million to C around December 23, 2010 and determined KRW 72,00,000 as the principal amount and set forth the right to collateral security as the sum of the money loaned prior to the lending of KRW 60 million to C around December 23, 2010. The Defendant thereafter set the right to collateral security as the principal, and the Defendant thereafter set the right to collateral security as the principal amount.

6. It is recognized that a total of KRW 7,000,000 has been additionally lent.

In light of the above facts, the principal and interest of lending to C exceeds the maximum debt amount of 80,00,000 won, and the principal and interest of lending to C is KRW 47,515,616.