2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

A. On April 14, 2015, the Defendant, as a mortgagee of each real estate listed in the separate sheet owned by the Plaintiff, filed an application for voluntary auction on the said real estate D with the Changwon District Court (hereinafter “instant auction”). On May 27, 2015, the instant auction procedure was conducted according to the lower court’s voluntary decision to commence auction on May 27, 2015.

B. In the instant auction procedure, on March 23, 2016, the executing court rendered a decision to collectively sell each of the real estate listed in paragraphs 1, 3, and 4 of the [Attachment List 1] (hereinafter “goods 1”), and on April 15, 2016, each of the real estate listed in Tables 2 and 5 of the [Attachment List 2] (hereinafter “goods 2”).

C. On April 25, 2016, when a court of execution rendered a decision to permit the sale of goods to E, a purchaser corporation, on April 25, 2016, it designated the deadline for the payment of the price as May 24, 2016, and May 30, 2016, as June 29, 2016, when it decided to permit the sale of goods to F.

On May 28, 2016, the Plaintiff and the Defendant withdraw the application for auction of the instant case. The Plaintiff paid KRW 40,000,000 to the Defendant with the repayment of C debt, and the Plaintiff agreed to pay the remainder of KRW 20,000,000 to the Defendant immediately, and the remainder of KRW 20,000,000 to the payment by June 1, 2016 (hereinafter “instant agreement”).

E. At the same time with the instant agreement on May 28, 2016, the Plaintiff paid KRW 21,500,000,000 to the Defendant, including KRW 20,000,000 and KRW 1,50,000 to preserve the expenses for filing a request for auction, and received a written withdrawal of the request for auction, a written confirmation of the existence of obligations, and a certificate of personal seal impression from the Defendant.

F. On May 30, 2016, the Plaintiff intended to withdraw the instant application for auction while submitting a letter of withdrawal of the application for auction, etc., which was directly issued by the Defendant to the court of execution on May 30, 2016. However, the Plaintiff could not withdraw the application for auction of the instant case, as

In the event that the instant request for auction has not been withdrawn, E Co., Ltd. for the buyer of goods on May 30, 2016.