1. The Defendant: (a) to Plaintiff A, KRW 89,205,479, KRW 111,506,849, and KRW 167,260 to Plaintiff B, and Plaintiff Pachi Development Co., Ltd.

Description of Claim

Plaintiff

B and Mapo-si, Ulsan-gu, and seven parcels (hereinafter “instant land”) were purchased from Plaintiff A and constructed a multi-household building on the said ground (hereinafter “instant building”). On January 23, 2014, Plaintiff A, who was unable to receive the purchase price of KRW 1.6 billion from the said Plaintiffs, was respectively created a right to collateral security (hereinafter “mortgage security”) with respect to 24 households out of the above multi-household buildings with a maximum claim amount of KRW 120 million.

The Defendant lent KRW 630,00,000 to E., and in substance, E purchased the instant land from F and G and newly constructed the instant building, and held title trust with Plaintiff B and Mapo Development Co., Ltd., and Plaintiff A created a false collateral security, the Defendant filed an application for provisional injunction on the disposal of the instant land as the Ulsan District Court 2013Kahap932 on November 6, 2013, and filed an application for provisional injunction on the disposal of the instant land with the same court on February 13, 2014, and received each decision of acceptance.

On November 8, 2013, the decision of acceptance of provisional disposition on the instant land was enforced on November 11, 2013. On November 25, 2014, the original decision was revoked by the Ulsan District Court 2013Kahap1044 on November 22, 2014, and the provisional disposition registration on the instant land was revoked on December 22, 2014.

(407. On February 17, 2014, the provisional disposition decision of the provisional disposition on the instant collateral security was executed on the same day. Upon the Plaintiff’s objection against the provisional disposition, the provisional disposition decision on the instant collateral security was revoked on November 12, 2014, and the provisional disposition registration on the instant collateral security was revoked on November 22, 2014.

With the execution of the defendant's unfair provisional disposition, ① the plaintiff B and Mapo Development Co., Ltd. are about KRW 5 billion, such as the remaining sale price for the land and building of this case.