1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is 80,484.

The main lawsuit and counterclaim shall be judged together.

Facts of recognition

On January 2015, the Plaintiff discovered D’s building in Scloju City (hereinafter “instant building”) while displaying a commercial building in order to engage in bedclothes sales business of the brand “C”.

The plaintiff proposed that the defendant jointly purchased the above building, and the defendant accepted it.

The Plaintiff and the Defendant jointly purchased the instant building from E on March 2015, and the Plaintiff bears KRW 600 million and the Defendant owns the first floor underground of the said building, and the Defendant bears KRW 250 million and owns the first and second floors of the same building (hereinafter “first agreement”).

In order to raise the above building purchase fund, the defendant borrowed KRW 200 million from F on March 2, 2015 at the interest rate of 1% per month.

On March 3, 2015, the Plaintiff and the Defendant concluded a sales contract for the cause of KRW 850 million for the instant building with E on March 3, 2015, and paid the down payment of KRW 85,000,000 on that day, and the remainder KRW 765,00,000 on March 31, 2015.

In order to prepare the purchase price, the Plaintiff and the Defendant applied for a loan on the instant building to the G Association as collateral, and in the appraisal conducted during the loan process, the land level of the said building was 55,00,000 won, and the land level was 740,00,000 won, respectively.

The Plaintiff and the Defendant drafted a sales contract with E on March 19, 2015, and the content thereof was that the Plaintiff purchased the floor of the instant building in the amount of KRW 400 million, and that the Defendant purchased the first and second floors of the instant building in the amount of KRW 450 million.

G Cooperatives received a sales contract from the Plaintiff and the Defendant on the same day, and provided the Plaintiff with loans of KRW 380 million and KRW 380 million to the Defendant, respectively.

On the same day, both the Plaintiff and the Defendant paid E the purchase price of KRW 400 million and KRW 450 million (including the down payment already paid KRW 85 million) respectively.

The plaintiff shall pay KRW 400 million to E on the same day.