1. The defendant on May 2, 2008, as to the building stated in the attached list to the plaintiff.

1. Basic facts

A. As to the buildings listed in the attached list on the registry (hereinafter “instant building”), ① ownership transfer registration was made under the Plaintiff Company’s name on January 11, 2005 due to a compulsory auction on April 27, 2005; ② ownership transfer registration was made under the name of C (Defendant’s wife) on April 1, 2008; ③ the Defendant filed a claim for divorce and division of property, and thereafter, filed a provisional attachment registration with the wife at KRW 700 million on April 25, 2016.

B. A final and conclusive judgment in favor of the Plaintiff Company C in favor of the Plaintiff Company, and the Plaintiff Company filed a lawsuit against the Plaintiff Company C with Seoul Western District Court Decision 2016Da10325, which sought cancellation of the ownership transfer registration of the instant building and its site (the combination of buildings and land; hereinafter “instant real estate”). The cause of the claim is the major property necessary for the real estate leasing business, which is the Plaintiff Company’s business, and the disposal of the instant real estate requires a special resolution of the Plaintiff Company’s general meeting of shareholders. Since Nonparty D, who is the manager of the Plaintiff Company, sells the instant real estate to the Defendant’s wife without a special resolution of the general meeting of shareholders, the registration of ownership transfer in C was null and void.

In the above lawsuit, the Plaintiff Company obtained a favorable judgment on June 24, 2016, and recovered ownership by cancelling the registration of ownership transfer under C’s name with respect to the above part of land, but the ownership of the instant part of the building was not yet restored due to the relationship on which the Defendant’s provisional attachment registration was established.

[Grounds for recognition] Evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. As a matter of principle, the transfer of a simple business property that is not a transfer of the Defendant’s business, is not subject to a special resolution of the general meeting of shareholders.