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Plaintiff
With respect to each real property listed in the separate sheet, to the successor intervenor:
A. Defendant C Co., Ltd.
Reasons
1. Facts of recognition;
A. The Plaintiff and the Defendant C Co., Ltd. (hereinafter “Defendant C”) by mutual agreement between the Plaintiff and the Defendant C, from December 7, 2006 to July 5, 2007.
(2) On June 4, 2009, the Plaintiff agreed with Defendant C to the following terms, while being investigated on the suspicion of embezzlement and breach of trust of Defendant C’s funds.
1. In order to secure the right to claim damages against the Plaintiff, Defendant C shall terminate the provisional attachment of the real estate in the name of the Plaintiff, and at the same time set up a mortgage of KRW 3.6 billion (3 billion issuance of promissory notes in sight) on each real estate listed in the separate sheet (hereinafter “instant real estate”).
Provided, That the remaining real estate in South-Korea will not infringe or reduce the security right of Defendant C by means of voluntary disposal or establishment of a right to collateral security without the consent of Defendant C.
In addition, Defendant C shall not transfer the said Promissory Notes to a third party until the civil litigation is completed.
2. A civil claim for damages against the plaintiff by Defendant C must be maintained.
Provided, That where the plaintiff won the lawsuit, the scope of the obligation secured by the above collateral security shall follow the progress of the civil procedure, and where the plaintiff won the whole amount or performs the obligation recognized in the civil procedure, the above collateral security shall be cancelled.
3) In accordance with the above agreement on June 5, 2009, the Plaintiff completed the registration of creation of a mortgage with regard to the instant real estate owned by the Plaintiff to Defendant C as the registration authority of the Incheon District Court No. 22509, the maximum debt amount of the Defendant C and the maximum debt amount of KRW 3.6 billion (hereinafter “the instant mortgage”).
(4) On November 11, 2009, Defendant C transferred the instant collateral security claim to G Co., Ltd. (formerly changed: H hereinafter “G”) and I, and on November 12, 2009, the instant real estate was subject to the transfer of final claim.