1. The Defendant’s KRW 71,072,737 as well as 5% per annum from December 2, 2018 to June 11, 2020 to the Plaintiff.

1. Basic facts

A. On April 23, 2013, the Defendant entered into a lease agreement with G on the instant commercial building E and F (hereinafter “instant commercial building”) on a parcel outside Jongno-gu Seoul, Jongno-gu, and one parcel, and operated a Chinese restaurant with the trade name “H” at the same time.

B. On February 23, 2016, the procedure for the auction of real estate was initiated to Seoul Central District Court I, and the Defendant filed a lien report by asserting that there exists a right to claim reimbursement of beneficial costs for the above commercial building in the auction procedure around July 25, 2017.

C. In the above auction procedure, the Plaintiff was awarded the instant commercial building, and paid the sales price on September 15, 2017, and completed the registration of ownership transfer in the name of the Plaintiff with respect to the said commercial building.

On November 1, 2017, the Plaintiff was ordered to deliver each real estate against the Defendant to the Seoul Central District Court J on November 1, 2017. On March 6, 2018, the Plaintiff was ordered to deliver each real estate to K in the same court.

(hereinafter “each of the instant extradition orders”). The Defendant and L both filed an appeal, but the Defendant’s appeal was dismissed on April 20, 2018 (the same court 2017Ra1311), and the appeal was dismissed on May 17, 2018 (the same court 2018Ra326), and each of the above extradition orders became final and conclusive.

E. On the other hand, the enforcement officer affiliated with the Seoul Central District Court executed each of the instant extradition orders on March 14, 2018 upon the Plaintiff’s delegation, and on the same day, the Defendant lost possession of the instant commercial building.

F. On March 10, 2018, the Defendant filed a lawsuit against the Plaintiff seeking confirmation of the existence of the Defendant’s lien on the instant commercial building and seeking the delivery of the instant commercial building as Seoul Central District Court 2018da5048348.

On June 19, 2018, the Defendant filed a lawsuit against the Plaintiff claiming the return of possession of the facilities, etc. used by the Defendant while operating the business in the instant commercial building with Seoul Central District Court 2018Da37138, and the Plaintiff on the same day.