A. On December 23, 2009, the Plaintiff and the Selected D entered into a public auction participation contract with Defendant B Co., Ltd. (hereinafter referred to as “Defendant B”) on January 7, 2010 for the purchase of the hotel “instant hotel” (hereinafter referred to as “instant public auction participation contract”). According to the above contract, the Plaintiff paid KRW 2,925 million on January 31, 2010, KRW 40 million on December 30, 2009, KRW 10 million on January 21, 2010, and KRW 7 million on January 21, 2010 to Defendant B (hereinafter referred to as “instant investment contract”).

Article 3 [Termination of the Contract] (1) If the public auction contract of the hotel of this case was not made for force majeure, this contract shall be null and void, and the contract shall be terminated by immediately refunding the principal and interest to the plaintiff.

② All principal and interest agreed upon by Defendant B to the Plaintiff shall be deemed to have been achieved at the same time, and the purpose of this Agreement shall be automatically terminated.

Article 6 (Effective Time) The validity of this Agreement shall enter into force upon signing and sealing by Defendant B and the Plaintiff, paying the full amount of the participation fee in the public auction, and at the same time upon entering into a public auction contract with Defendant B H Construction and the hotel of this case.

B. After that, on February 5, 2010, Defendant B entered into a transfer agreement with H Construction and H Construction to take over the first priority right to the hotel of this case from H Construction in the price of KRW 5.6 billion (hereinafter “instant hotel public sale agreement”). On that day, Defendant B paid KRW 560 million in total from 32 participants in the public auction including the Plaintiff through an agreement with the Plaintiff on the same content as the instant public sale participation agreement entered into with H Construction.

C. Meanwhile, Defendant B agreed to pay the remaining amount of KRW 5 billion to H Construction by March 10, 2010 at the time of the public auction contract of the instant hotel.