1. All principal lawsuit and counterclaim shall be dismissed;

2. The costs of litigation incurred by the principal lawsuit shall be borne by the Plaintiff (Counterclaim Defendant).

1. Basic facts

A. On May 2015, Defendant B, Nonparty C, and D entered into a partnership agreement (hereinafter “instant partnership agreement”) with the content that the sales of the commercial land Froart 740 square meters in the Daegu Suwon-gu E-gu (hereinafter “instant land”) would sell and distribute profits from the instant land (hereinafter “instant trade agreement”).

B. According to the instant trade agreement, Defendant B concluded a sales contract with G Corporation on October 30, 2015 with the content that the instant land would be sold in lots at KRW 3,465,495,000 (hereinafter “instant sales contract”).

The contents of the instant sales contract are as follows.

Article 1 (Use and Use of Land for Sale) The seller shall designate the purpose of the land for sale as the commercial site and the contractor shall use the land for the designated purpose.

Article 2 (Methods for Payment of Sale Price and Sales Price) (2) The methods for paying sale price shall be determined as follows:

(After December 2017, when land is available, the amount to be paid in KRW 346,539,50 (1,039,618,500) at the time of using a housing site on October 30, 2016, the remainder of the first intermediate payment (30%) (30%) of the second intermediate payment (30%) (30%) of the second intermediate payment (30%) (30%) of the second intermediate payment (30%) of October 30, 2015, October 30, 2016, KRW 346,539,50 (1,039,618,500) at the time of using the housing site.

C. On October 30, 2015, Defendant B, C, and D paid KRW 346,539,500 as the down payment for the instant sales contract to G Corporation with the financial resources for the joint expenses of the Licensed Real Estate Agent Office C, Defendant B, and D operated together with C, Defendant B, and D at the time.

Since then, C, Defendant B, and D had failed to set up a plan to appropriate the intermediate payment and the balance of the instant sales contract with the bank loans, but it was decided to borrow a loan in the name of Defendant B by lending the Plaintiff’s name to the contrary. The Plaintiff accepted the plan.

Accordingly, Defendant B added the Plaintiff to the buyer of the instant sales contract on April 21, 2016.

C, Defendant B, and D received loans from H Co., Ltd. (hereinafter “H”) in the Plaintiff’s name on April 30, 2016, and constitute the instant loans.