1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 23, 1999, the National Agricultural Cooperative Federation (hereinafter “CF”) completed the registration of the establishment of the first-order creation of the real estate listed in the separate sheet owned by Nonparty D (hereinafter “instant real estate”), with respect to the real estate in the separate sheet owned by Nonparty D (hereinafter “the instant real estate”).

B. On June 12, 2009, E Co., Ltd. (hereinafter “E”) completed the registration of the establishment of the mortgage over the instant real property amount of KRW 600 million with respect to the obligor D, mortgagee E, and maximum debt amount.

C. In order to preserve loan claims against D, the Plaintiff completed the provisional attachment registration of KRW 151,30,000 on the instant real estate subject to the Seoul Central District Court Order 2012Kadan4049 on October 17, 2012.

The Nonghyup filed an application for the auction of the instant real estate rent with the Suwon District Court in Suwon District on the instant real estate based on the foregoing right to collateral security, and the auction procedure on the instant real estate (hereinafter referred to as “instant auction procedure”) was commenced.

E. The Plaintiff filed a lawsuit against D and E, as Seoul Central District Court 2012Gahap96217, on June 12, 2014, the Seoul Central Court dismissed the part of the Plaintiff’s claim for subrogation by creditors against E, and D shall pay the Plaintiff a loan of KRW 104,70,000 and its delay damages, and dismissed the Plaintiff’s claim for damages against D and the creditor’s revocation claim against E.

The Plaintiff appealed as Seoul High Court Decision 2014Na51895, and added the claim for return of unjust enrichment of KRW 12,000,000 to the conjunctive claim for damages claim against D. On March 27, 2015, the Seoul High Court dismissed the Plaintiff’s appeal, and rendered a judgment citing the Plaintiff’s claim for return of unjust enrichment of KRW 12,00,000,000, which became final and conclusive on April 16, 2015.

(F) The Plaintiff withdrawn the lawsuit against E on January 1, 2015. The Plaintiff on July 15, 2015.