1. The Defendant’s compulsory execution against the Plaintiff based on the order to deliver B real estate on February 13, 2014.

1. Indication of claim;

A. On January 18, 2013, the Plaintiff entered into a lease agreement on the instant real estate with C and D, which is the former owner of each real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “instant real estate”) on January 18, 2013, and is engaged in trading business in the instant real estate until now after delivery of the instant real estate.

B. On November 28, 2013, the procedure for the auction of the instant real estate was initiated with the Gwangju District Court E, and the Defendant was awarded a successful bid on the instant real estate at the auction procedure.

C. On February 13, 2014, the Defendant filed an application against the Plaintiff for an order to deliver real estate to the court, and received an order to deliver real estate on February 13, 2014.

On the other hand, on January 9, 2014, the Plaintiff entered into a sales contract with the Defendant to purchase the instant real estate at KRW 2.4 billion (hereinafter “instant sales contract”). On the same day, the Plaintiff paid down payment KRW 240 million to the Defendant.

At the time of the instant sales contract, the Defendant recognized that the Plaintiff occupied the instant real estate, and agreed to take responsibility for KRW 1.9 billion from financial institutions until January 9, 2014, which was the remainder payment period for the instant real estate as collateral, as a special agreement.

The Plaintiff prepared for the remainder of KRW 130,000,000, which is part of the remainder of KRW 260,000,000, excluding the remainder of KRW 1,90,000,000 for the remainder on the outstanding payment date, and prepared for the remainder with a balance certificate, but the Defendant did not receive the loan by the payment date of the remainder.

E. Therefore, since the Plaintiff has the right to lawfully possess the instant real estate until the instant sales contract is terminated, compulsory execution based on the above order to deliver the said real estate is not allowed.

2. Judgment based on constructive confession: Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act.