The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. D is the owner of a 19/45 co-ownership interest (F and G own 13/45 shares, a punishment system, are owned by each 13/45) among the 19/45m2 of the 19/45m2 (hereinafter “instant land”) in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Seoul, and the building on the ground (hereinafter “instant building”).

B. In the instant land and building, the right to collateral security was established with the National Bank of Korea, the debtor D, the maximum debt amount of KRW 1.95 million, and the maximum debt amount of KRW 1.95 million, but due to the application for voluntary auction by the National Bank of Korea based on the said right to collateral security, the procedure for voluntary auction (hereinafter “instant auction”) was initiated on November 11, 2015 with the Suwon District Court, Sungnam-nam Branch H.

C. On February 2, 2017, the above court prepared a distribution schedule by allocating KRW 3,244,211,969, which is to be actually distributed to the Defendants, the lessee of the small amount of the instant building, excluding the cost of execution, among the proceeds from sale of the instant land and buildings, KRW 14,113,730, and KRW 1,975,000,000 to the National Bank of Korea, the applicant creditor and the mortgagee-mortgage-mortgage-mortgage-mortgage-gu, the second right to deliver D (the pertinent tax) to each of the Defendants, who are the lessee of the small amount of the instant building, in order to pay KRW 2,2,00,000,000 to F and G, the co-owned share holder of the instant land, and distributing KRW 634,304,975, respectively.

D An objection is raised against the dividend amount distributed to F and G among the above distribution schedule. A lawsuit of demurrer against distribution was filed, but the part against the Defendants and the remaining distribution right holders in the above distribution schedule became final and conclusive as is, and the distribution was made.

[Ground of recognition] Facts without dispute, entry in Gap 1 through 9, purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff Defendants are the most lessee under a false rental agreement, they should return the dividend to D, the owner of the instant building, with unjust enrichment.

However, D is insolvent, and the plaintiff is a creditor who has a claim of KRW 80 million against D and is the defendant in subrogation.