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1. The Plaintiff (Counterclaim Defendant) is fully paid KRW 700,000,000 to the Defendant (Counterclaim Plaintiff) and its payment from November 6, 2015.
Reasons
1. The principal lawsuit and counterclaim shall be deemed to be filed together with the facts of recognition;
A. On July 13, 2005, the Defendant changed the administrative district from the Plaintiff on July 13, 2005 to the 295,521 square meters of C Forest land in Jeju-do, Jeju-do, Jeju-do, Jeju-do, Jeju-do, on July 5, 2006, into the 295,521 square meters of C Forest land in Jeju-si, Jeju-do, Jeju-do, and
(1) The Plaintiff entered into a contract with the Plaintiff to purchase the instant real estate (hereinafter “instant real estate”) and 14 parcels (hereinafter “instant real estate”) with the Plaintiff for a total of KRW 4.3 billion, and completed the principal registration based on the instant provisional registration on July 13, 2005 as to the instant real estate.
B. After that, on May 9, 2007, the Defendant sold the instant real estate at KRW 6 billion to D and completed the registration of ownership transfer. On the same day, in order to secure partial payment of the purchase price, the Defendant received a registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage of this case”) such as the statement in the purport of the claim to D with respect to the instant land, the maximum debt amount is KRW 3 billion, and the debtor’s claim, as stated in D.
C. On the other hand, around December 27, 2013, the Plaintiff filed a complaint for embezzlement (hereinafter “instant complaint”) by asserting that “the Defendant sold to a third party while he kept the instant real estate under title trust from the Plaintiff, and embezzled the instant real estate amounting to KRW 2.784 million among the proceeds from the sale (hereinafter “the instant embezzlement”). In relation to the instant complaint case, the Plaintiff did not raise any civil objection against the Defendant in relation to the instant complaint (hereinafter “the instant complaint”). On January 27, 2014, on the condition that the Defendant fulfilled the obligation under paragraph (2) against the Plaintiff, the Plaintiff revoked the instant complaint, and (2) as to the details of the instant complaint (Embezzlement of the proceeds from the sale of real estate by the Defendant), the Plaintiff did not raise any civil objection against the Defendant.
2. The Defendant shall pay the Plaintiff KRW 1.3 billion (hereinafter “the instant amount”) to the Plaintiff, and ② The maximum debt amount of the registration of the creation of the instant neighboring mortgage is KRW 3 billion.