소유권이전등록
1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 23,00,000 as well as the full payment from June 13, 2017.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The defendant is a person who operates the second body called "E" in Sejong Special Self-Governing City D, along with attached C.
B. On February 2, 2012, the Defendant purchased a motor vehicle listed in the separate sheet (hereinafter “instant store”) in KRW 109,110,000 and completed the ownership transfer registration.
C. On February 13, 2012, the Defendant entered into a loan agreement with FF Co., Ltd. (hereinafter “F”) on the amount of KRW 97,50,000 out of the said total-sum sales amount, and set up a mortgage on the amount of KRW 97,50,000 with respect to the instant total-sum sales amount, and decided to pay the said principal and interest of the loan in equal installments for the period from March 2012 to June 60 months (amounting to KRW 1,936,147, KRW 2,05,065, and KRW 1,997,025,025).
(hereinafter referred to as “F Loan Agreements”) d.
From March 2012, the Defendant paid the installment of the F Lending Agreement and used the instant store.
E. Meanwhile, at the time of around 2012, the Plaintiff: (a) was a fraudulent act in G in G where a de facto spouse C was a spouse in de facto marriage; (b) from around 2011 to around February 201, the Plaintiff joined as a joint and several surety of the F Lending Agreement upon the Defendant’s request from the Defendant; (c) from the end of February 2012, the Plaintiff was performing a separate act from E; and (d) from March 2013, the Plaintiff was used after being transferred the instant house to the Defendant’s proposal, and deposited KRW 2,00,000 per month to the Defendant from that time.
F. Around May 2016, the Defendant demanded the Plaintiff to return the instant house. On the other hand, on May 31, 2016, the Defendant repaid in lump sum the F loan agreement installment remaining at the time of the instant lawsuit, and recovered the instant house from the Plaintiff on May 18, 2017 while the instant lawsuit is pending.
[Reasons for Recognition] Facts without dispute, Gap evidence 2 through 4, Eul evidence 1, 2, and 4 (including paper numbers; hereinafter the same shall apply), witness C, and H's testimony, and the plaintiff's question.