1. On the plaintiff (Counterclaim defendant)

A. The Defendant (Counterclaim Plaintiff) received KRW 67,400,000 from the Plaintiff (Counterclaim Defendant).

1. Basic facts

A. On October 7, 2011, the Plaintiff entered into a construction contract with the E Co., Ltd., which borrowed the name of D, to newly construct a multi-family house on the ground of the Seoul Gangnam-gu Seoul Metropolitan Government F (hereinafter “instant site”) owned by the Plaintiff, with the following content.

On November 23, 2011, the Plaintiff obtained a building permit from the head of Gangnam-gu Seoul Metropolitan Government Office.

Start-up: The scheduled completion date of October 7, 201: the contract amount on March 30, 201: 160,000,000 won (including value-added tax) contract deposit and advance payment: Loans from among framed works.

B. D, under the name of the field director, suspended the construction due to a shortage of funds while performing the relevant construction. The Plaintiff paid D the construction cost of KRW 75,000,000,000 as the construction cost, January 18, 2012, and the total of KRW 15,000,000,000 as the total of KRW 75,00,000,000 on February 27, 2012.

C. As of March 28, 2012, the Plaintiff and Defendant B entered into a contract for construction works with respect to the remainder of the construction works, the Plaintiff and Defendant B, without entering into such contract, entered into a lease contract with respect to the second and third floors of the multi-family house on the ground of the instant site (i.e., KRW 160,000,000 in the above paragraph (a) - KRW 75,000 in the above paragraph (b) - up to May 25, 2012; and (ii) entered into a lease contract with Defendant B (Evidence 1; hereinafter “the lease contract of this case”).

The terms and conditions of the above lease contract shall be as follows:

- This sub-contract shall enter into force upon completion of its liability until April 25, 2012, D for the construction cost of the F Multi-household F in Gangnam-gu.

- When D completes its responsibility, the owner shall rent out the F multilateral households in Gangnam-gu, Gangnam-gu, and pay 85,000,000 won to the owner of the building to the Defendant B.

- When D fails to complete its liability, this sub-contract shall be null and void, and the costs of the construction shall be confiscated as damages and shall not object to all legally.

D on March 29, 2012, "Seoul Northern-gu on the completion date of construction" means April 2012.