1. The defendant A's appeal is dismissed.

2. The defendant A shall bear the total costs of the lawsuit after filing the appeal.

purport.

1. The Plaintiff’s primary claim in this case is the claim for restitution of unjust enrichment against Defendant A, and the conjunctive claim in this case is the claim for restitution of unjust enrichment against Defendant B and C, which is subject to the rejection of the claim against Defendant A. The court of first instance accepted the Plaintiff’s claim against Defendant B and C, and both the Plaintiff’s claim against Defendant B and C were dismissed. The Defendant filed an appeal.

However, in view of the Plaintiff’s assertion, the primary claim of this case and the conjunctive claim of this case are legally incompatible claims that are generally accepted depending on the Plaintiff’s right to claim the return of unjust enrichment against Defendant A, and are in a subjective preliminary co-litigation relationship under Article 70 of the Civil Procedure Act, and therefore, it is necessary to make the conclusion final and conclusive between all parties.

Therefore, even if only Defendant A filed an appeal against the judgment of the first instance court, the conjunctive claim against Defendant B and C is also excluded from confirmation, and it is subject to adjudication by this court.

2. Basic facts

A. On March 23, 2007, the Plaintiff entered into a credit transaction agreement with E with a maximum amount of KRW 1.39 billion and KRW 50 million, and loaned money to E. In order to secure the obligation of the said loan, E completed the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) with respect to the Seocho-gu Seoul F apartment 104 Dong 101 (hereinafter “instant real property”), which was owned by E, with respect to the maximum debt amount of KRW 1.872 million (hereinafter “instant real property”).

B. On August 25, 2006, before the establishment of the instant right to collateral security, the registration of the right to lease on a deposit basis (hereinafter “the right to lease on a deposit basis”) was completed on August 24, 2008 on August 25, 2006, which was before the establishment of the instant right to collateral security. After the establishment of the instant right to collateral security, the registration of seizure by Seocho-gu Seoul Metropolitan Government on December 24, 2007 and the registration of seizure by the Goyang Tax Office on June 5, 2008.