On May 26, 2005, the Seoul Livestock Industry Cooperatives (hereinafter “the Livestock Industry Cooperatives”) concluded a mortgage agreement on the land and its ground, D and its ground (hereinafter collectively referred to as the “instant real estate”) owned by the Defendant in Seoul Special Metropolitan City, Nowon-gu, and concluded a mortgage agreement on May 26, 2005. On the same day, on the same day, the said agreement concluded a mortgage agreement with the mortgagee, the debtor, the maximum debt amount of the instant real estate amount of KRW 450 million.

On January 7, 2015, the Livestock Cooperative applied for a voluntary auction on the instant real estate to the Seoul Northern District Court on the ground of the foregoing collateral security on January 7, 2015, the Seoul Northern District Court commenced the voluntary auction procedure on January 8, 2015, and on September 7, 2015, the first sale date was designated.

On September 4, 2015, the Defendant entered into a sales contract with the Plaintiff and F to prevent the auction of the instant real estate at a lower price in the voluntary auction procedure, whereby the purchase price was KRW 1.5 billion for the instant real estate, and received down payment KRW 150 million on the same day.

The remainder of the first intermediate payment KRW 500 million was paid on November 4, 2005, and the second intermediate payment KRW 600 million on December 4, 2015, and the remainder KRW 250 million on January 30, 2016.

The defendant, using the above down payment of KRW 150 million, has negotiated with the Livestock Cooperative, but the date of auction has been postponed, and did not withdraw the auction.

On or before November 4, 2015, the date of the first intermediate payment, the Defendant took place in the situation where the instant real estate was disposed of by auction. On October 20, 2015, the Defendant entered into a lease agreement on the instant real estate between the Plaintiff and F, with the Plaintiff and the Plaintiff on October 20, 2015, and repaid the instant real estate to the Livestock Cooperative with additional KRW 150 million, and the Livestock Cooperative withdrawn the auction on the instant real estate.

The plaintiff, F, and the defendant enter into a lease contract for the real estate of this case, and "1.6 billion won at the time of sale".