1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;

2. The separate sheet between the Defendant (Counterclaim Plaintiff) and Nonparty C is indicated.

1. Facts of recognition;

A. On May 8, 1995, the Plaintiff was judged on December 4, 2012 that “C shall pay 300,000 won by the end of each month of the Plaintiff’s death,” and the said judgment became final and conclusive on June 5, 2013.

B. C, on October 10, 2012, the Defendant, the wife of the above judgment, donated the real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant gift agreement”), which is the only real estate, to the Defendant (hereinafter “the instant real estate”), and completed the registration of ownership transfer on October 11, 2012 by the Seoul Northern District Court’s receipt of the Dongdaemun-gu Branch Office of Seoul Northern District Court (32730).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination on the lawfulness of the counterclaim

(a) The claim that has become the object of a counterclaim shall be related to the claim or defense method of the principal lawsuit and they must be related to each other;

(Article 269(1) of the Civil Procedure Act. On the other hand, the term "satisfying the claim of the principal suit" means forming the same legal relationship as the claim, or where the cause of the claim is identical, the cause of the claim is not identical.

Even if the main part of the target or cause is factually or legally common, and the relevance of the defense method of the main claim means the case where the counterclaim is common in terms of the grounds and objects of the main claim or cause of the main claim.

B. We examine the instant case ex officio. The instant lawsuit sought the cancellation of a juristic act due to the intention of causing death and restoration to its original state against the Defendant. The instant counterclaim is a claim seeking compensation for damages on the ground that the Plaintiff excavated and damaged a grave of A, who is an abandoned land, and is the subject matter of lawsuit or the cause of occurrence of the subject matter.