1. The plaintiff's claim for confirmation of invalidity of the plaintiff's motion for auction of real estate auction against C is filed and D.

1. Basic facts

A. On April 7, 2009, the Plaintiff borrowed KRW 20 million from the Defendant on behalf of the network G with interest rate of KRW 2.5% per month and due date of repayment on October 8, 2009 (hereinafter “instant loan agreement”). In order to secure this, the Plaintiff made a provisional registration on the Plaintiff’s right to claim transfer of ownership in the name of the network with respect to KRW 30,319 square meters (hereinafter “instant real estate”) prior to E in terms of industrialization owned by the Plaintiff, and issued the Plaintiff’s certificate of personal seal impression and registration certificate to the network G, and ③ in the event that the interest of the said loan is in arrears for more than 2 months, the Plaintiff agreed not to raise any objection against the completion of the principal registration of transfer of ownership on the instant real estate (hereinafter “instant special agreement”).

B. On April 7, 2009, the Defendant paid KRW 5 million to the Plaintiff on April 7, 2009. However, when the instant real estate was unable to complete the provisional registration of the right to claim ownership transfer within the land transaction permission zone, the Defendant first decided to set up the right to collateral security by designating the network G as the creditor with respect to the instant real estate. Accordingly, the Plaintiff completed the registration of establishment of collateral security (hereinafter “the registration of establishment of collateral security of the instant real estate”) with the Suwon District Court No. 67497, Apr. 9, 2009, around the maximum debt amount of KRW 40 million (hereinafter “the registration of establishment of collateral security of the instant real estate”), the right itself, as the registration of establishment of collateral security (hereinafter “the instant right”).

C. On April 10, 2009, the following day, the Defendant: (a) deducted KRW 2.5 million from the remainder of KRW 15 million, the Plaintiff originally agreed to lend to the Plaintiff; (b) KRW 2.5 million (i.e., KRW 1,754,000, KRW 306,000,000, including the monthly advance payment of KRW 1,754,000; and (c) paid KRW 1,244,000,000,000.

The defendant obtained land transaction permission with respect to the transaction of the real estate of this case on June 22, 2009, the Suwon District Court of the Republic of Korea, the Sungsung District Court of June 22, 2009, received on June 22, 2009, No. 115146.