A. On December 15, 2015, the Defendant leased the instant building D (hereinafter referred to as the “instant building”) from the Plaintiff, the Plaintiff owned, KRW 10 million for the lease deposit, KRW 420,000 for the rent and KRW 420,000 for the lease term, from December 16, 2015 to December 15, 2017, and thereafter, the Defendant resided in the instant building from around that time to December 26, 2017.

(B) The lease contract on the instant building concluded between the Plaintiff and the Defendant (hereinafter “instant lease contract”).

On January 19, 2018, the Defendant filed a lawsuit against the Plaintiff for the payment of the lease deposit amounting to KRW 10 million with this court 2018 Ghana296, and damages for delay incurred from December 27, 2017. On January 29, 2018, this court rendered a decision to recommend performance (hereinafter referred to as “decision to recommend performance of this case”) to the Defendant to pay 5% per annum from January 27, 2017 to February 27, 2018 and 15% per annum from the next day to the date of full payment. The decision to recommend performance of this case became final and conclusive on March 14, 2018.

C. On April 18, 2018, the Plaintiff deposited the lease deposit amount of KRW 10 million with the Seosan Branch of the Daejeon District Court No. 541, Seosan Branch of the Daejeon District Court in 2018.

On June 5, 2018, the Defendant filed an application for a compulsory auction of the Daejeon District Court 169.3 square meters and buildings owned by the Plaintiff on the title of the instant decision on performance recommendation as the title of execution, and filed an application for a compulsory auction of the said land and buildings. On June 7, 2018, the said court rendered a ruling to commence compulsory auction of each of the said real estates.

E. On December 27, 2018, the Plaintiff filed an application for the suspension of compulsory execution based on the instant order of performance recommendation with the Seosan District Court Branch of Daejeon District Court Decision 2018Kadan134, and the said court accepted the Plaintiff’s application on December 28, 2018, and rendered a decision to suspend compulsory execution subject to the offer of security.