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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.
2. Of the costs of lawsuit.
Reasons
1. The following facts may be admitted, either as a matter of dispute between the parties, or as a whole, by taking account of the overall purport of the pleadings set forth in Gap evidence Nos. 1, 4 through 6, and 18 (including paper numbers):
The relationship 1) The Plaintiff is the spouse of C, the Defendant, and between C and the Defendant, and between the Plaintiff and D, respectively. (2) The Plaintiff served from June 2002 to June 2007 as the auditor or representative director of E (hereinafter “E”) and served as the representative director of F Co., Ltd. (hereinafter “F”) from November 2008 to April 2013, 201, and the said E and F were paid benefits from D to the company in which D actually operated.
B. D on November 24, 2004, the right relationship of the apartment as indicated in the attached list (hereinafter “the apartment of this case”) D completed the registration of preservation of ownership on the apartment of this case, and had the plaintiff reside in the above apartment of this case since that time, and on April 27, 2005, the National Bank of Korea (hereinafter “National Bank”) (hereinafter “National Bank”).
(D) The above loan obligations (hereinafter referred to as “D’s loan obligations”) upon obtaining a loan from a party.
(2) On December 1, 2010, D concluded a sales contract with the Plaintiff to sell the instant apartment (hereinafter “instant sales contract”) on the following grounds: (a) on January 28, 201, the Plaintiff completed the registration of ownership transfer to the Plaintiff on December 28, 2011.
3. On February 14, 2011, the Plaintiff took out a loan of KRW 90 million from a national bank, and completed the establishment registration of a mortgage over the instant real estate with the maximum debt amount of KRW 18 billion to the national bank to secure the obligation of the said loan, and the said loan amount of KRW 90 million is KRW 90 million.