1. The Plaintiff (Counterclaim Defendant) pays KRW 20,000,000 to the Defendant (Counterclaim Plaintiff) B.

2. The plaintiff (Counterclaim defendant).

On December 16, 2015, the Plaintiff completed the registration of ownership transfer on the ground of a compulsory sale by official auction on December 16, 2015 with respect to the building and its ground (hereinafter “instant real estate”). On the same day, the Plaintiff entered into a real estate security trust agreement that trusts the ownership of the instant real estate to one asset trust company (hereinafter “one asset trust”) and completed the registration of ownership transfer on the ground of one asset trust.

The provisions of Article 9 of the Real Estate Security Trust Contract prepared between the plaintiff and one asset trust are as follows:

Defendant B, “A (Plaintiff) actually continues to possess and use trust real estate, and bears all expenses incurred in actual management, such as the preservation, maintenance, repair, etc. of trust real estate,” is running entertainment bar business from December 11, 2015 with permission for food service business under the trade name “E” in the instant real estate (hereinafter “instant E store”), and Defendant C runs entertainment bar business with permission for food service business from May 3, 2012 to “F” in the instant real estate.

【Defendant C’s ground for recognition】 The facts that there is no dispute over Defendant B: each entry in the evidence Nos. 1 through 4 (including serial numbers, if any; hereinafter the same shall apply) and the purport of the entire pleadings as to the defense of safety of the main text of the defense, Defendant B asserted that the Plaintiff is not a party to seek alteration of business license, since the Plaintiff entered into an agreement with one asset trust with respect to the instant real estate, and the ownership transfer registration based on the trust was completed in the future.

On the other hand, in the lawsuit for performance, the party's eligibility is the person who asserts that he has the right to demand performance, which is the subject matter of the lawsuit, and whether there is the right to demand performance.