1. The Plaintiff (Counterclaim Defendant) paid KRW 55,084,689 to the Defendant (Counterclaim Plaintiff) and its amount from October 9, 2019 to July 8, 2020.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On February 1, 2008, the Defendant entered into a sales contract with C to purchase the real estate listed in the separate sheet (hereinafter “instant apartment”) for KRW 235 million, and completed the registration of ownership transfer in the name of the Defendant on April 15, 2008.

From April 15, 2008, the Plaintiff resided in the instant apartment from around April 15, 2008. The Defendant brought a lawsuit against the Plaintiff seeking the delivery of the instant apartment due to a dispute with the Plaintiff, and obtained a final and conclusive judgment in favor of the Plaintiff (hereinafter “previous lawsuit”), and the Plaintiff removed from the instant apartment on or around February 12, 2019.

On the other hand, on April 15, 2008, the Defendant borrowed KRW 94 million from D Co., Ltd. (hereinafter “D”), and as a security, registered the creation of the right to collateral security (right to collateral security) with respect to the apartment of this case as well as D, the obligor, the Defendant, and the maximum debt amount of KRW 112.8 million.

As to the apartment of this case, on March 23, 2009, the registration of the creation of the right to collateral security (hereinafter “the right to collateral security”) was completed with the debtor, the plaintiff, the maximum debt amount of 43,200,000 won. On December 20, 2012, the plaintiff obtained a loan of KRW 140,000,000 from E as collateral for the apartment of this case (hereinafter “the right to collateral security (hereinafter “the right to collateral security”) from E, the debtor, the plaintiff, and the maximum debt amount of KRW 168,00,000,000 from the mortgagee E, the registration of the right to collateral security (the right to collateral security) was completed, and on December 21, 2012, each registration of the establishment of the right to collateral security (hereinafter “the right to collateral security”).

On May 21, 2019, the Defendant repaid the principal amount of KRW 123,148,944 in subrogation of the Plaintiff (i.e., the principal amount of KRW 122,079,381; KRW 1,029,563; KRW 40,000 on December 20, 2012.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 7, and .