2. The costs of lawsuit shall be borne by the Plaintiff.

A. On June 17, 2008, the Plaintiff completed registration of initial ownership relating to the real estate listed in the separate sheet (hereinafter “instant building”).

B. On November 9, 2015, the Plaintiff concluded a sales contract with C to sell the instant building and its site in KRW 1.9 billion, and agreed to pay the down payment of KRW 100 million at the same time as the conclusion of the contract, and the intermediate payment of KRW 100 million on December 9, 2015, and the remainder KRW 1.7 billion on January 12, 2016.

C. On January 7, 2016, the Defendant received a decision of provisional seizure on the instant building as the court 2015Kadan50435, by deeming the Plaintiff’s claim for the return of the lease deposit amount of KRW 350 million against the Plaintiff as the preserved right, and the registration of provisional seizure was completed on the same day.

On January 12, 2016, the Plaintiff paid KRW 350 million to the Defendant, and on the same day, the Defendant withdrawn the application for provisional seizure on the instant building and revoked the above provisional seizure registration on January 15, 2016.

E. Meanwhile, on January 12, 2016, C completed the registration of transfer of ownership on the instant building on November 9, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers; hereinafter the same shall apply), the purport of whole pleadings

2. The plaintiff's assertion

A. There is no fact that a lease agreement between the Plaintiff and the Defendant on the instant building was concluded, or the Defendant paid KRW 350 million to the Plaintiff.

The defendant demanded to pay KRW 350 million on the condition that provisional seizure is cancelled after having seized the building of this case by using a false lease contract.

B. At the time, the Plaintiff entered into a sales contract with C on the instant building and did not leave the remainder payment date only five days, and the situation where C is required to cancel the sales contract and pay the penalty unless the said provisional seizure is cancelled, so there was no choice but to pay KRW 350 million as requested by the Defendant.

C. The plaintiff asserts by the defendant.