1. The defendant's decision is based on the Seoul Central District Court Decision 2007Gahap10480 decided Oct. 31, 2008.

1. Basic facts

A. In relation to the parties, etc., the Plaintiff owned a building of 159 square meters in Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City (hereinafter “instant land”) and the 5th floor above its ground (hereinafter “instant building”; and where the said land and the building are collectively named, “the instant land and the building”; and the Defendant is a person who operated a childcare center on the 1st floor of the instant building as the Plaintiff’s partner.

B. On November 28, 2007, the Defendant filed a lawsuit against the Plaintiff for the return of KRW 505,00,000 in total under the title loan (hereinafter “the first lawsuit”). On October 31, 2008, the above court ordered the Defendant to pay 5% per annum from December 7, 2007 to October 31, 2008, the amount of KRW 200% per annum from the next day to the date of complete payment (hereinafter “the first lawsuit”) with the Seoul Central District Court Decision 2007Gahap10480, and the Plaintiff’s appeal against the Defendant for the return of unjust enrichment of KRW 342,503,00 and KRW 345% per annum from the next day to the date of complete payment (hereinafter “the above final judgment”) and the final judgment against the Defendant’s 209.19% per annum from the next day to the date of final judgment.

(2) On October 8, 2010, the above court paid KRW 38,00,000 to the Defendant by the end of 2012, and at the same time, the Defendant delivered the Plaintiff the first floor, the second floor, the third floor, and the fourth floor of the instant building. The Defendant rendered a ruling of recommending reconciliation with the purport that the Plaintiff will deliver the first floor of the instant building to the Plaintiff by the end of 2012, but the above ruling was hereinafter referred to as the “decision of recommending reconciliation”).

The defendant raises an objection against this.