1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C’s exercise of subrogation right against the Plaintiff (1) The Plaintiff was a mortgagee of the first floor 105 of the first floor of the land-based row housing (hereinafter “instant real estate”). The Plaintiff, upon the Plaintiff’s voluntary auction application, decided to commence the auction of the instant real estate on December 20, 201, and F was awarded the bid on February 7, 2003 by winning the said real estate on the same year.

9.5. The Seoul Central District Court received the registration of ownership transfer under Article 60207, and the Plaintiff received the dividend of KRW 221,99,653 out of the successful bid price at the above auction.

(2) However, on July 21, 2006, G filed a lawsuit against F on the ground that the right to collateral security in the name of the Plaintiff, the applicant for voluntary auction, is null and void, thereby seeking the cancellation of F’s ownership transfer registration under the name of Seoul Central District Court Decision 2006Da278943, which was rendered a favorable judgment on January 31, 2007, and the said judgment became final and conclusive on February 15, 2007, and accordingly, on May 3, 2007, the registration of ownership transfer in the name of F on the instant real estate was cancelled.

(3) Meanwhile, on July 15, 2003, C purchased the instant real estate from F in KRW 230,000,000, and as seen earlier, C filed a lawsuit seeking restitution of the paid purchase price, on the ground that F was unable to perform the obligation to transfer the ownership of the instant real estate, upon cancellation of the transfer registration in F’s name, C filed a lawsuit against F in which C had the obligation to transfer the ownership of the instant real estate, and the Seoul High Court, following the first instance judgment, rendered on February 11, 2010, sentenced F to the Plaintiff to pay the purchase price of KRW 230,000,000 and delay damages (No. 209Na66794). The said judgment became final and conclusive on March 6, 2010.

(4) Subsequent to C, the Seoul East Eastern District Court No. 2012Gahap59555, supra, purporting to the effect that the Plaintiff received 221,99,653 won as dividends from the above auction procedure by subrogation against the Plaintiff (hereinafter “instant claim”) in return of unjust enrichment (hereinafter “instant lawsuit”).