A. While Plaintiff A was awarded a subcontract for the said construction from the original contractor of D&D (hereinafter referred to as “D&D”) such as the C&D Industry Co., Ltd. (hereinafter referred to as “instant construction”), the said construction could not be executed without obtaining a license for civil engineering works. As such, Plaintiff A entered into a subcontract construction contract by lending the name of the Intervenor joining the Intervenor (hereinafter referred to as “ Intervenor”) in the name of the Intervenor.

B. On July 13, 2009, the Intervenor entered into a mortgage agreement with the Plaintiff A and his spouse on July 13, 2009, regarding the real estate listed in the separate list in the name of the Plaintiff B (hereinafter “instant real estate”) with respect to the obligor A and the Intervenor as the mortgagee, and completed the registration of creation of mortgage (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage”) in the Daegu District Court No. 73397, the title of the instant case, which was received by the Seo-gu District Court branch of the Daegu District Court, in order to secure the damage to the Intervenor, instead of lending the title as seen above, in response to the occurrence of the damage to the Plaintiff.

C. On March 5, 2008, Plaintiff A lent the Intervenor’s name to enter into a construction contract, which is subcontracted to KRW 3,388,440,00 (including value-added tax) for the instant construction project from the friendliness industry, etc. and continued the construction project.

Since around July 28, 2008, the Intervenor’s provisional seizure of creditors, such as wages, equipment use expenses, etc. relating to the instant construction project, and the Plaintiff’s delay in the construction schedule, etc., the instant construction project will be suspended. On July 28, 2010, the Intervenor determined the construction cost of 3,001,90,000 won (including value-added tax) and adjusted the said construction cost as the industry, etc., and received the said payment from the chemical industry, etc.

E. Meanwhile, on June 30, 2015, the Defendant received the branch court of the Daegu District Court on the instant real estate (Seoul District Court Decision 105138).