1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

C Co., Ltd. (hereinafter “C”) and D Co., Ltd. (hereinafter “D”) enter into a land trust agreement with the Defendant on July 30, 2008 (hereinafter “instant trust agreement”) and completed the registration of ownership transfer with respect to the instant land based on the said trust agreement on the same day.

C et al. filed a lawsuit of demurrer against the Plaintiff as Seoul Central District Court 2007Gahap8304, which was the Seoul Central District Court 2007Gahap8304, based on a promissory note No. 107 through 111 of the 2007 deed prepared by a notary public by law firm G (a total of KRW 1.1 billion in total at face value of five bills of commitment). However, on June 27, 2008, the above court was sentenced to a dismissal ruling, and on July 1, 2009, the appellate court (Seoul High Court 2008Na7297) decided to pay to the Plaintiff KRW 625 million in total (hereinafter “instant conciliation”).

On February 9, 2011, the Plaintiff received a collection order (Seoul Central District Court 201TT 201T 4820, hereinafter “instant seizure and collection order”) against KRW 93,111,869, among the claims for operating expenses of the enforcement company that C had against the Defendant with the Defendant as the obligor B based on the instant conciliation, and the Defendant as the garnishee. The instant seizure and collection order was served to the Defendant around that time.

On March 17, 2011, the Defendant did not incur any claim for operating expenses of the executive company requested to be paid by C after February 14, 2011, and the Defendant did not pay the amount of the claim to C pursuant to the seizure order. If the amount to be paid to C is incurred by the Defendant, the Defendant will comply with the cooperation unless the seizure and collection order is terminated.

At present, the defendant shall pay the amount of claim to the plaintiff.