1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 1, 2010, the Plaintiff lent KRW 370 million to C as security, and completed the registration of creation of a neighboring mortgage, which amounting to KRW 444 million to the maximum debt amount, as to three parcels outside D, Seocheon-gu, Seocheon-gu, Seocheon-si, and KRW 1701, Dong 101 (hereinafter “the apartment of this case”).

B. On August 27, 2010, E leased the instant apartment from C by setting the lease deposit amount of KRW 50 million, KRW 1.2 million per month, the lease term from September 6, 2010 to September 5, 2012.

C. On February 26, 2015, the Plaintiff filed an application for voluntary auction with the Busan District Court SupportF for the instant apartment as KRW 424,91,617 on February 26, 2015, and the auction procedure was initiated with the said court’s decision to voluntarily commence the auction procedure.

In the above auction procedure on March 5, 2015, E filed a report on the right to lease deposit of the apartment in this case and filed an application for demand for distribution.

E. On December 28, 2015, the Busan District Court, a executing court, distributed KRW 20 million out of the sales price of the apartment of this case to E, a small lessee, in the first priority order, and prepared a distribution schedule that distributes the remainder of KRW 360,980,560 to the Plaintiff, a mortgagee, in the second priority order. The prior distribution schedule of this case became final and conclusive.

F. Accordingly, on July 8, 2016, the Plaintiff filed a lawsuit claiming that KRW 20 million was unjust enrichment and filed a lawsuit claiming restitution of unjust enrichment with Seoul Southern District Court 2016Da7553, and the said court rendered a judgment in favor of the Plaintiff that the Plaintiff would return the said KRW 20 million to the Plaintiff on the ground that E had already received a full return of the deposit amount from the lessor C before the date of distribution, as a small lessee, on the ground that E had received a full return of the deposit amount from the lessor, as a small lessee who received a dividend of KRW 20 million (hereinafter “instant judgment”).

G. Meanwhile, the Defendant on December 29, 2015 for the preservation of management expenses claims against E.