A. On April 2, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Non-Party Shin Dong-dong SPS Support Co., Ltd. (former Mutual Salary Construction Co., Ltd.; hereinafter “Non-Party Co., Ltd.”) under which the Plaintiff leased from Non-Party Co., Ltd. (hereinafter “the instant real estate”) the leased term from Suwon-si Co., Ltd. to April 16, 2014 to April 15, 2015, setting the lease deposit amount of KRW 54,00,000 (hereinafter “instant lease agreement”).

B. However, on February 15, 2013, the ownership transfer registration for the instant real estate was completed in the name of the non-party company on the same day. On the same day, the ownership transfer registration for the instant real estate was completed in the name of one asset trust (one stock company prior to the change, one stock company, and one asset trust; hereinafter “one asset trust”).

C. The instant lease agreement was arranged by the Defendant, a licensed real estate agent, and the instant lease agreement was concluded between the Plaintiff and the Defendant in the absence of the representative director or employee of the non-party company. The Defendant, upon signing the Plaintiff’s signature in the lease agreement entered into by the Defendant, delivered to the Plaintiff a written contract with the seals affixed by the non-party company

The instant lease agreement states, “The status of one asset trust on the register, and is a condition to cancel the trust in the event of any balance.”

E. Articles 9(2) and 10(3) of the Real Estate Security Trust Contract between the non-party company and one asset trust provide that the non-party company is unable to enter into a contract that restricts ownership, such as lease, on real estate without the prior consent of one asset trust, and the lease contract that the non-party company voluntarily entered into cannot claim its validity against one asset trust.

F. The Plaintiff is subject to a special agreement of the instant lease agreement.