1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. On September 20, 2006, the Plaintiff (former: C Co., Ltd.) entered into a contract for construction of a main complex building on the D ground of Incheon Nam-gu Incheon Metropolitan City (hereinafter “instant building”). After completion of the said building, the Plaintiff (former: hereinafter “instant building”) occupied the said building under the pretext of exercising the right of retention.

B. The Defendant: (a) obtained ownership on September 23, 2014 by winning the instant building at the auction procedure for the voluntary auction of real estate E in Incheon District Court; and (b) applied against the Plaintiff on November 27, 2014 for an order for the delivery of real estate to the Incheon District Court G.

(hereinafter referred to as "relevant extradition order case"). (c)

On the other hand, around March 13, 2015, F prepared an agreement (Evidence 1-1) stating that “F, after the closing of argument in the relevant extradition order case, intended to purchase the instant building from the Defendant as the Defendant’s agent, has cancelled possession based on the lien on the date determined by the parties’ agreement and delivered the said real estate (which appears to be referred to as the instant building).” B. In relation to the foregoing paragraph A, F prepared an agreement (Evidence 1-1) stating that “F will pay the Plaintiff KRW 25 million as agreed money,” and F paid to the Plaintiff KRW 10 million, which is part of the agreed money under the said agreement.

After that, a new agreement (No. 1-3) in which the deadline for the payment of the remainder, etc. has been amended due to the plaintiff's request for amendment of the language and text of the agreement, and the contents thereof are as follows.

With respect to the case at issue of the plaintiff Respondent, the litigants agree as follows in relation to the agreement of G real estate delivery order.

1. The respondent, in consultation with F (Law Firm H representative Attorneys I) of the applicant's representative, agrees to the following terms in relation to the D neighborhood living facilities and multi-family housing in the Nam-gu Incheon Metropolitan City.

The Plaintiff is in accordance with the purport of the instant agreement.