1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

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

1. Basic facts

A. On May 29, 2015, the Plaintiff applied for a loan payment order against B as the Ulsan District Court 2015 tea2044, and received a payment order from the above court to pay KRW 30 million and its delay damages. The above payment order was finalized on June 23, 2015.

B. On January 26, 2016, the Plaintiff was issued a ruling of seizure and collection order (hereinafter “instant collection order”) with respect to the claim for return of unjust enrichment against the Defendant under B (hereinafter “instant claim”) by the Ulsan District Court 2016TTT 8,694,916, based on the above payment order, and the said ruling was served on the Defendant on February 16, 2016.

C. The specific details of the instant claim stated in the collection order are as follows: “The amount received by deducting the Defendant’s outstanding principal and interest on the Defendant’s outstanding bonds from KRW 5,046,130 among the proceeds from the sale of the real estate auction case in Ulsan District Court C, Ulsan District Court C, which was received by the Defendant, from the proceeds from the sale of the real estate auction case.”

[Ground of recognition] Facts without dispute, entry of Gap evidence No. 5, purport of whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is that the principal and interest of the claim against B in the Ulsan District Court D's D's auction case is KRW 507,000,000, which is the maximum debt amount among KRW 512,046,130,000, and the principal and interest of the remaining claim against B is only KRW 5,046,130 (=512,046,130 - 507,000,00).

Nevertheless, the Defendant received dividends of KRW 13,744,046 in excess of the principal and interest of the above remaining bonds in the Ulsan District Court C real estate auction case. Thus, the Defendant shall return to B, who is the owner of the above real estate, excess dividends of KRW 8,697,916 (=13,744,046 - 5,046,130) as unjust enrichment.

Therefore, the defendant is obligated to pay the above amount to the plaintiff according to the collection order of this case.

B. Comprehensively taking account of the respective descriptions and arguments of the evidence Nos. 1 to 4, the Defendant’s land and building E in Yangsan City owned by B.