1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. From July 17, 2014, Vienti Co., Ltd. (hereinafter “ Vienti”) received the payment of the purchase price in 2014 Gohap53160 (Counterclaim), including the cancellation of ownership transfer registration, from the Seoul Central District Court Decision 2013 Gohap43289 (Main claim), “ELS v. ELS. Co., Ltd. shall pay 3 billion won from Vienti to the date of full payment of the purchase price at the rate of 5% per annum from October 11, 2011 to the date of full payment, and at the same time receive 41,938.5 square meters of land for factory in Bupyeong-gu Incheon Metropolitan City (hereinafter “instant land for factory”) with respect to the share of 2,002/25,398 square meters of land in Incheon District Court Decision 6289 on September 15, 2011.”

B. From the Vienna on June 22, 2015, the Defendant purchased “3,306 square meters of the land in the instant case’s factory site” in the amount of KRW 5 billion. The down payment is KRW 500 million on June 23, 2015, and the down payment is KRW 200 million on the date of the contract, and KRW 300 million on the date of dividing the instant factory site into KRW 1/2, and each payment is made within 20 days after dividing the instant land into KRW 1/2, and the remainder of KRW 4.5 billion is paid immediately after dividing the land.

C. On July 1, 2015, the Defendant issued and delivered the power of delegation (Evidence A 1-3) stating that “The Defendant shall delegate to E the sale of approximately 1,000 square meters (referring to the above area 3,306 square meters) among the instant land for factory purchased from Vient, and all matters regarding the receipt of the sale price and the construction division.”

On July 27, 2015, the Plaintiff entered into a sales contract with E to purchase approximately KRW 120,000 in the land for the instant case (e.g., KRW 5 million per square year) and KRW 181,00,000 in the construction cost of a building on the ground (hereinafter “instant first sales contract”) and paid KRW 70,000 in the same day E the down payment.

On October 27, 2015, the Plaintiff: (a) 83 square meters out of the instant land for factory in the instant case between E and E on October 27, 2015; (b) 550 million won in total; (c) 95 million won in construction costs; and (d) 19 million won in total.