1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff completed each registration of the transfer of ownership as Head of Changwon District Court No. 3723, Mar. 17, 1989, received on March 17, 1989, with respect to the building B and its ground (hereinafter “instant real estate”).

B. The Defendant (the trade name at that time was the Mutual Aid and Finance Company for Cho Jae-Hy Mutual Savings and Finance Company) completed the registration of creation of each of the instant collateral security rights (hereinafter “instant collateral security rights”) with respect to the instant real property, which was the maximum debt amount of KRW 1.5 million, the debtor, the debtor, and the defendant as the defendant, with respect to the instant real property, as the Heading Assistance No. 7644, Apr.

C. On July 12, 2005, the Defendant was issued a decision to commence a voluntary auction to Tong management support C (hereinafter “instant auction”) with respect to the instant real estate.

D has completed each registration of ownership transfer for the instant real estate as the receipt of June 12, 2006 No. 1306, Jun. 5, 2006, based on voluntary auction.

E. On July 6, 2006, the Defendant received dividends of KRW 112,637,515 in the auction procedure of this case.

[Reasons for Recognition] Facts that there is no dispute between the parties, entry of Gap evidence 1-1, Gap evidence 2, and Gap evidence 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) The obligation, which is the cause of the instant right to collateral security, is the obligation for which E obtained a loan of KRW 100 million from the Defendant on April 13, 1999 with the instant real property as collateral. 2) E repaid all the above obligation to the Defendant on April 21, 200.

3) Otherwise, the Plaintiff or the Plaintiff’s spouse did not borrow money from the Defendant. 4) Although the Defendant did not have any fact that the Plaintiff or F had any obligation to the Defendant, the Defendant applied for the auction of the instant case on the ground that the instant collateral security was established on the instant real estate, and received dividends of KRW 114,98,355. This is the unjust enrichment, thereby claiming the return of KRW 21,00,000 among them.

(b) the registration of the real estate, on the basis of the determination.