1. On September 5, 2017, the Seoul Central District Court Decision 2016Gahap53789 (Mains) and 2017Gahap52476 (Counterclaim) against the Plaintiff.

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff on the refund of lease deposit and consolation money, etc. following the termination of the lease agreement concluded between the Plaintiff and the Defendant, as Seoul Central District Court 2016Gahap53789 (hereinafter “instant building”). In the instant case, the Plaintiff filed a counterclaim against the Defendant seeking the delivery of the instant building as the court 2017Gahap52476, supra.

On September 5, 2017, the above court accepted the Defendant’s main claim and the Plaintiff’s counterclaim, and rendered a judgment of provisional execution (hereinafter “the judgment of this case”) that “the Plaintiff shall pay KRW 365,958,500 to the Defendant simultaneously with the delivery of the building of this case from the Defendant; KRW 8,000,000 to September 5, 2017; KRW 5% per annum from April 7, 2017 to September 5, 2017; and KRW 15% per annum from the next day to the date of complete payment. The Defendant shall receive KRW 365,958,50 from the Plaintiff and simultaneously deliver the building of this case to the Plaintiff.”

B. On September 22, 2017, the Defendant appealed as Seoul High Court Decision 2017Na2057173 (main claim), and the Plaintiff also filed an incidental appeal against the main claim. However, on January 12, 2018, the said court rendered a judgment that “the Defendant’s appeal against the main claim and counterclaim and the incidental appeal against the Plaintiff against the main claim are dismissed.” Ultimately, the instant judgment became final and conclusive on February 3, 2018.”

C. Meanwhile, on September 25, 2017, the Defendant: (a) delivered the instant building to the Plaintiff on September 25, 2017; and (b) applied for a compulsory auction of the instant building on September 28, 2017, based on the original copy of the instant judgment, which was sentenced to provisional execution on September 28, 2017; and (c) on September 29, 2017, the said court filed an application for a compulsory auction of the instant building on a real estate under Seoul Central District Court’s jurisdiction (hereinafter “instant compulsory auction procedure”).