1. The Defendant’s payment order against the Plaintiff was based on the payment order for the purchase price refund case No. 2013j159 against the Plaintiff.

1. Facts of recognition;

A. The Plaintiff is a broker running D real estate in Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu. The Defendant entered into a sales contract for the purchase of F land and above ground buildings (hereinafter “instant real estate”) in the Chungcheong-gun, Chungcheong-si, Chungcheongnam-gu, the Plaintiff’s employees from E, E (hereinafter “Nonindicted-si”) on August 5, 201, by the brokerage of E (the Plaintiff’s employees).

B. The sales price of the instant sales contract is KRW 8.4 million, and the Defendant paid the down payment to the Nonparty Company 100 million on the date of the instant sales contract.

C. Paragraph (7) of the special terms and conditions of the instant sales contract stipulate that the sales contract shall be null and void and the down payment shall be returned in cases where the competent authority cannot obtain permission on the business type and business of the Defendant, who is the purchaser of the instant real estate. On the contrary of the residents, the Defendant was unable to obtain permission on development activities, etc., and the Defendant indicated the intention of cancellation of the instant sales contract and demanded the Nonparty Company to return the down payment KRW 100

The non-party company ordered the return of the down payment to the defendant if the non-party company received the down payment by selling the instant real estate to the third party, and thereafter, the non-party company sold the instant real estate to Eex Co., Ltd. and completed the transfer registration of ownership on April 30, 2012, but did not return the down payment to the defendant.

E. E demanded the return of down payment to the Defendant, and the non-party company knew that it would be liable even if it did not return down payment.

F. On January 11, 2013, the Defendant applied for a payment order for the refund of the purchase price (hereinafter “instant payment order”) against Nonparty Company, Plaintiff, and Plaintiff E with the Cheongju District Court 2013 tea159, and the instant payment order was served on the Plaintiff on January 17, 2013.