1. The defendant's decision on the Seoul High Court case (the main office), 2016Na1252 (the main office), 2016Na1269 (Counterclaim) is based on the judgment of the Seoul High Court.

1. Facts of recognition;

A. On July 27, 2009, C, including the sales contract between C and the Defendant, the Plaintiff’s joint and several surety, and related disputes, entered into a sales contract with the Defendant and the Defendant for the sales right to sell the sales right of KRW 84 m25 m2,241 m2 out of the apartment units in the E district, among the apartment units within the E district, in light of light-gu, in which the Korea Land and Housing Corporation pays the share of KRW 2,241 m2 as compensation, with respect to the share of KRW 84 m2,241 m2.

The Defendant paid KRW 50 million to C by August 1, 2009, as the down payment and remainder of the instant sales contract.

However, on August 4, 2009, C notified the Defendant that the instant sales contract would be cancelled on the ground that it is a contract regarding an area where the resale right is restricted, and on August 13, 2009, C deposited the purchase price of KRW 50 million received from the Defendant as the principal deposit.

However, the defendant did not receive the deposit by asserting that the contract of this case is valid, and the dispute between C and the plaintiff was commenced.

B. On September 30, 2009, the Defendant issued a provisional injunction against the provisional injunction against the selling right of apartments 2009Kahap2377, including the Defendant’s provisional injunction and the provisional injunction against the selling right of apartments 116 Dong 1201, which C had against the Korea Land and Housing Corporation, with the right to claim the transfer registration of ownership based on the instant sales contract as preserved right.

On October 5, 2009, the defendant of provisional attachment 2009Kadan11332 dated October 5, 2009, the defendant filed an application for provisional attachment against the plaintiff on September 22, 2009 against the right to preserve the damage claim of KRW 438 million against the plaintiff and deposited KRW 8 million in cash as the guarantee on October 5, 2009 (Seoul Eastern District Court 2009Da5213) for the right to claim ownership transfer transfer registration against the F block unit 117 Dong-dong 602 (hereinafter "the apartment of this case").