1. The Defendant (Counterclaim Plaintiff) paid KRW 22,00,000 to the Plaintiff (Counterclaim Defendant) and its amount from October 24, 2013 to November 5, 2013.

1. Basic facts

A. B completed the registration of ownership transfer with respect to the instant apartment on October 14, 2002.

B. B borrowed KRW 110,00,000 from the Jeonbuk Bank Co., Ltd. (hereinafter “ Jeonbuk Bank”) on December 27, 2011, and on the same day, B completed the registration of creation of a mortgage over the apartment of this case to the Jeonbuk Bank prior to the same day.

C. On April 12, 2012, the Plaintiff entered into a lease agreement with B’s agent D and the instant apartment with the term “25,000,000 won for lease deposit, and from May 16, 2012 to May 16, 2014 for the term of lease.”

(The instant lease agreement). D.

On April 13, 2012, the Plaintiff obtained a fixed date in the instant lease agreement and completed resident registration.

E. The Plaintiff paid KRW 25,00,000 as lease deposit to B by May 16, 2012 under the instant lease agreement, and thereafter, resided in the instant apartment from around that time.

F. The Jeonbuk Bank applied for voluntary auction on the apartment of the instant apartment, and the decision of voluntary auction was rendered on August 20, 2012 by Incheon District Court E.

G. In the above auction procedure, the Plaintiff filed a report on the right and the demand for distribution by asserting that he/she is a small lessee on September 3, 2012.

H. On December 17, 2012, Jeonbuk Bank transferred to the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) a loan claim against B.

I. On October 24, 2013, a distribution schedule was prepared to distribute KRW 79,609,213 to the Defendant, which was the date of distribution in the above auction procedure.

[Ground of recognition] Facts without dispute, evidence A1 to 13, purport of whole pleadings

2. Summary of the parties’ assertion

A. Although the Plaintiff’s assertion (which caused the Plaintiff’s claim) ought to be preferentially distributed KRW 22,00,000 to the Plaintiff, the lessee of small claims, the Defendant was unjustly entitled to KRW 22,00,000 without any legal ground.

Therefore, the Defendant is obligated to return KRW 22,000,000 to the Plaintiff as unjust enrichment.

B. Defendant’s counterclaim.