1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The defendant filed against the plaintiff on July 17, 2005, KRW 30 million, and the same year

7.25.15 million won, and the same year;

8. On April 14, 14, 3 million won, 2.2 million won on December 24, 200, and 53 million won on March 25, 2006, the Daegu District Court applied for payment order 2009 tea 14287.

On November 12, 2009, the Daegu District Court issued a payment order stating that "the plaintiff shall pay to the defendant 106,816,354 won (the total amount of interest accrued until October 31, 2009 on principal) and 53,00,000 won, whichever is 24% per annum from November 1, 2009 to the date of full payment (hereinafter "the payment order in this case"), and the order became final and conclusive.

B. On November 23, 2010, the Defendant received dividends of KRW 30,095,819 from the above payment order in the real estate auction procedure C in Daegu District Court Branch C, which was proceeding with the Plaintiff on November 23, 2010.

C. On the other hand, on August 7, 2006, the Plaintiff registered the transfer of ownership under the name of E on July 31, 2006 with respect to the North-gu D site and its ground buildings (hereinafter “instant real estate”).

[Ground] Facts without dispute, Gap 1, 2 evidence, Gap 3-1 and 2

2. Summary of the parties' arguments

A. In July 2005, the Plaintiff purchased the instant real estate owned by the Plaintiff in the name of E, and KRW 100 million out of KRW 145 million, the Defendant acquired the existing collateral security debt and paid the remainder to the Plaintiff KRW 45 million.

The amount of KRW 45 million ( KRW 15 million) which was a loan under the instant payment order was paid in the purchase price, and the remaining amount of the loan was KRW 3 million on August 14, 2005, KRW 200,000 on December 24, 2005, and KRW 3 million on March 25, 2006, the Plaintiff did not receive from the Defendant.

Therefore, the instant payment order is erroneous and thus its execution should be excluded, and 30,095,819 won that the Defendant received from the payment order should be returned to the Plaintiff as unjust enrichment.