1. The Defendant (Counterclaim Plaintiff) has the Suwon District Court regarding the real estate stated in the separate sheet to the Plaintiff (Counterclaim Defendant).

Basic Facts

On September 207, 2007, the Plaintiff requested D to sell and request D the real estate listed in the separate sheet (hereinafter “instant real estate”). The Plaintiff heard from D that D’s request was made by the purchaser to provide a security for the return of the purchase price, etc. in preparation for the land transaction application and the change of land category into a factory site in the land transaction permission zone. The Plaintiff provided D with documents necessary for the establishment of the right to collateral security.

D Around September 8, 2007, around the place where E, the Defendant, the Defendant’s wife, and F on behalf of the Defendant were present, and on September 8, 2007, the Plaintiff entered into a sales contract to sell the instant real estate to the Defendant on the purchase price of KRW 95 million (the contract amounting to KRW 10 million on the date of the contract, the remainder of KRW 85 million on September 10, 2007, to deposit the instant real estate into E’s account on September 10, 2007).

At the bottom of the instant sales contract, “D” and “F” were indicated as agent, and only one copy of the application for the establishment of collateral security was attached thereto.

On September 7, 2007, the Suwon District Court completed the registration of creation of a mortgage (hereinafter “mortgage of this case”) against the Defendant of the mortgagee, the maximum debt amount of KRW 95 million and the right to collateral security (hereinafter “mortgage of this case”).

The Defendant paid the purchase price of KRW 95 million to the Defendant’s agent F from September 8, 2007 to November of the same month.

On September 11, 2007, the F sent KRW 7,230,000,000 after deducting 15,000,000,000 from the above purchase price from D and E, and KRW 1,30,000,00 as part of the expenses necessary for permission of factory sites to D accounts on September 12, 207.

E received transfer of KRW 70,330,000,000 to G under the pretext of personal debt repayment in D on the same day, and transferred KRW 50,000 to H under the pretext of living expenses, and KRW 15,00,000 to the Plaintiff.

On the other hand, D and E are the sales contract of this case around September 15, 2007.